Facts

Plaintiff Clint Matkovich filed a lawsuit against her former employer, Defendant Costco Wholesale Corporation under the California Fair Employment and Housing Act. Matkovich prevailed against Costco after a bench trial. Costco appealed, and the Ninth Circuit found that the district court did not specify in any of its orders the essential duties for the Front End Assistant job from which Matkovich was involuntarily placed on leave. The Ninth Circuit remanded to the district court for clear and express findings to be made under Federal Rule of Civil Procedure.

PLAINTIFF'S CONTENTIONS: Matkovich alleged disability discrimination, failure to provide a reasonable accommodation, and failure to prevent discrimination.

DEFENDANT'S CONTENTIONS: Costco denied the allegations. Costco argued that Matkovich was not a qualified individual who could perform the essential functions of
the Costco Front End Assistant job with a reasonable accommodation because Matkovich indisputably was restricted from lifting over 25 pounds and pushing or pulling more than 30 pounds. A plaintiff must demonstrate that he or she was qualified for the position sought or held in the sense that he or she is able to perform the essential duties of the position with or without reasonable accommodation.

Result

On remand, the court entered judgment in favor of Defendant Costco.