Pacheco v. University Medical Center
This text of 46 F. App'x 894 (Pacheco v. University Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Appellant Pacheco failed to establish a prima facie case that he was discriminated against under the “record of’ prong, 42 U.S.C. § 12102(2), because the hiring decision was based on Pacheco’s present condition as Dr. Young saw it, not his medical record. See 42 U.S.C. § 12112(a) (prohibiting discrimination “against a qualified individual with a disability because of the disability”) (emphasis added).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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46 F. App'x 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacheco-v-university-medical-center-ca9-2002.