Nigro v. Sears, Roebuck and Co., No. 12-57262 (9th Cir. 2015)
Annotate this CaseHere a panel of the Ninth Circuit withdrew its opinion filed on February 25, 2015 and replaced it with this amended opinion. The panel reversed the district’s grant of summary judgment in favor of Sears, Roebuck and Co. in a suit filed by Plaintiff, a former employee of Sears. Plaintiff alleged three disability discrimination claims under the California Fair Employment and Housing Act (FEHA). The panel concluded that Plaintiff presented triable claims under FEHA that deserved trial. The panel additionally noted (1) it was beside the point that some of Plaintiff’s evidence was self-serving because such testimony was admissible, though absent corroboration, it may have limited weight; and (2) a district court could disregard a self-serving declaration that stated only conclusions and not facts that would be admissible evidence. Remanded.
Court Description: Disability Discrimination. The panel withdrew the opinion filed on February 25, 2015, and replaced it with an amended opinion, and reversed the district court’s summary judgment in favor of Sears, Roebuck and Co. in a former employee’s diversity action alleging disability discrimination claims under California’s Fair Employment and Housing Act. The panel held that the employee presented triable claims under FEHA: (1) that Sears discriminated against the employee because of his disability; (2) that Sears declined to accommodate the employee’s disability; and (3) that Sears did not engage in an interactive process to determine possible accommodation for the employee’s disability. The panel noted that it was beside the point that some of the employee’s evidence was self-serving because such testimony was admissible, though absent corroboration, it may have limited weight by the trier of fact at trial. The panel further noted that a district court could disregard a self-serving declaration that stated only conclusions and not facts that would be admissible evidence. The panel remanded for further proceedings. NIGRO V. SEARS, ROEBUCK AND CO. 3
This opinion or order relates to an opinion or order originally issued on February 25, 2015.
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