William Herron v. Peri & Sons Farms, Inc. , 676 F. App'x 639 ( 2017 )

FILED
NOT FOR PUBLICATION
FEB 13 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM HERRON, No. 14-16134
Plaintiff-Appellant, D.C. No.
3:13-cv-00075-HDM-VPC
v.
PERI & SONS FARMS, INC., MEMORANDUM*
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted February 9, 2017**
San Francisco, California
Before: GOODWIN, LEAVY, and SILVERMAN, Circuit Judges.
William Herron appeals the district court’s summary judgment in his action
alleging that Peri & Sons Farms, Inc., discriminated against him by terminating his
employment as a maintenance mechanic and failing to accommodate his bad back
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
in violation of Americans with Disabilities Act. We have jurisdiction under 28
U.S.C. § 1291. We review de novo. Samper v. Providence St. Vincent Med. Ctr.,
675 F.3d 1233, 1235 n.1 (9th Cir. 2012). We affirm.
The district court properly granted summary judgment because Herron failed
to raise a genuine dispute of material fact as to whether he was “‘a qualified
individual able to perform the essential functions of the job with reasonable
accommodation.’” Id. at 1237 (citation omitted) (setting out requirements for a
prima facie case of failure to accommodate); see also id. (to determine whether an
individual is qualified, “‘[t]he court first examines whether the individual satisfies
the requisite skill, experience, education, and other job-related requirements of the
position’” (citation omitted)); Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d
1080, 1087 (9th Cir. 2001) (same requirements for a prima facie case of disability
discrimination). The record shows that the maintenance mechanic position for
which Herron was hired required a certificate of completion or equivalent from a
certified trade school. It is undisputed that Herron lacked a certificate of
completion from a certified trade school, and Herron provided no evidence that his
various other expired certificates demonstrated equivalent training.
AFFIRMED.
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