Nunies v. HIE Holdings, Inc.
United States Court of Appeals for the Ninth Circuit
908 F.3d 428 (2018)

- Written by Sean Carroll, JD
Facts
Herman Nunies (plaintiff) worked as a driver for HIE Holdings, Inc. (HIE) (defendant). Nunies hurt his shoulder and requested and was approved for a transfer to a warehouse job. However, after Nunies told HIE about his shoulder injury, the company rejected his transfer and forced him to resign. Nunies sued HIE for discrimination based on disability under the Americans with Disabilities Act (ADA). HIE filed a motion for summary judgment. The district court granted the motion, finding that Nunies was not regarded as disabled because HIE did not subjectively believe that Nunies was limited in a major life activity. Nunies appealed.
Rule of Law
Issue
Holding and Reasoning (Tashima, J.)
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