Donna Braunling v. Countrywide Home Loans Inc., a New York Corp. Cathy Kister, an Individual, 220 F.3d 1154 (9th Cir. 2000). · Go Syfert
Donna Braunling v. Countrywide Home Loans Inc., a New York Corp. Cathy Kister, an Individual, 220 F.3d 1154 (9th Cir. 2000). Cases Citing This Book View Copy Cite
57 citation events (56 in the last 25 years) across 12 distinct courts.
Strongest positive: McClain v. International Ass'n of MacHinists & Aerospace Workers (ca9, 2015-02-13) · Strongest negative: Fugate v. United Ground Express (kyed, 2024-11-07)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited "but see" Fugate v. United Ground Express
E.D. Ky. · 2024 · signal: but cf. · confidence high
No. 11, 616 F.3d 728, 735 (8th Cir. 2010) (finding plaintiff with MS symptoms did not have a disability because of failure to show substantial limitation on major life activity); but cf. Braunling v. Countrywide Home Loans, 220 F.3d 1154, 1157 (9th Cir. 2000) (finding plaintiff suffering debilitating consequences of MS was disabled).
discussed Cited as authority (verbatim quote) McClain v. International Ass'n of MacHinists & Aerospace Workers (2×) also: Cited as authority (rule)
9th Cir. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
under the ada, an employee is disabled if ... his physical or mental impairment substantially limits one or more of the major life activities.
discussed Cited as authority (verbatim quote) Charles McClain Iii v. Boeing Company (2×) also: Cited as authority (rule)
9th Cir. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
under the ada, an employee is disabled if ... his physical or mental impairment substantially limits one or more of the major life activities.
discussed Cited as authority (quoted) Plater v. United States
C.D. Cal. · 2018 · quote attribution · 1 verbatim quote · confidence low
conduct which exhibits mere rudeness and insensitivity does not rise to the level required for a showing of intentional infliction of emotional distress.
cited Cited as authority (rule) Tornabene v. City of Blackfoot
D. Idaho · 2024 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
discussed Cited as authority (rule) Jeff Macy v. San Bernardino County Code Enforcement
C.D. Cal. · 2024 · confidence medium
While Plaintiffs may be upset, frustrated, or displeased by these events, none of the Defendant’s alleged conduct “exceeded the bounds of what is generally tolerated in a civilized society.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir. 2000).
discussed Cited as authority (rule) Aoun v. City of Las Vegas
D. Nev. · 2024 · confidence medium
“In order to qualify for relief under the ADA, the plaintiff 11 must show that: (1) she is a disabled person within the meaning of the statute; (2) she is 12 qualified, with or without reasonable accommodation, to perform the essential functions of the 13 job she holds or seeks; and (3) that she suffered an adverse employment action because of her 14 disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000). 15 The ADA defines “disability” as “(A) a physical or mental impairment that substantially limits 16 one or more of the major life activities of …
cited Cited as authority (rule) Preston Lee v. L3harris Technologies, Inc.
9th Cir. · 2023 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
discussed Cited as authority (rule) Lee v. L3Harris Technologies, Inc.
D. Haw. · 2022 · confidence medium
To establish a prima facie case of discrimination under the ADA, “the plaintiff must show that: (1) she is a disabled person within the meaning of the statute; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job she holds or seeks; and (3) that she suffered an adverse employment action because of her disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000) (citation omitted).
discussed Cited as authority (rule) Watson v. City of Henderson
D. Nev. · 2021 · confidence medium
The case they cite to merely points out that the conduct that formed the basis 13 of the IIED claim in that case also formed the basis of the plaintiff’s discrimination claims. 14 Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir. 2000).
cited Cited as authority (rule) Elizabeth Teodoro v. Smith's Food & Drug Stores
9th Cir. · 2021 · confidence medium
Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
discussed Cited as authority (rule) Paula Gordon v. Nexstar Broadcasting, Inc.
E.D. Cal. · 2021 · confidence medium
Plaintiff’s Claim for Intentional Infliction of Emotional Distress 19 To prevail on a claim for intentional infliction of emotional distress (“IIED”), a plaintiff 20 must prove: “(1) extreme and outrageous conduct by the defendant with the intention of causing, 21 or reckless disregard of the probability of causing, emotional distress; (2) the [plaintiff’s] 22 suffering severe or extreme emotional distress; and (3) actual and proximate causation of the 23 emotional distress by the defendant’s outrageous conduct.” Davidson v. City of Westminster, 32 24 Cal. 3d 197, 209 (1983) (cit…
discussed Cited as authority (rule) Boden v. Crop Production Services, Inc.
D. Idaho · 2021 · confidence medium
The ADA makes it unlawful for a covered employer to “discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”45 To state a prima facie case for discrimination under the ADA, a plaintiff must demonstrate that: “(1) he is a disabled person within the meaning of the statute; (2) he is qualified, with or without reasonable accommodation, to perform the ess…
discussed Cited as authority (rule) Copenhaver v. Baxter International, Inc.
D. Idaho · 2021 · confidence medium
To state a prima facie case for discrimination under the ADA, a plaintiff must demonstrate that: “(1) he is a disabled person within the meaning of the statute; (2) he is qualified, with or without reasonable accommodation, to perform the essential functions of the job he holds or seeks; and, (3) that he suffered an adverse employment action because of his disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000); Nunes v. Wal–Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir. 1999); Harris v. Treasure Canyon Calcuim Co., 132 F. Supp. 3d 1228, 1236 (D.
cited Cited as authority (rule) Christopher Ellington v. City of Mesa
9th Cir. · 2019 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
cited Cited as authority (rule) Norma Cardoza v. Target Corporation
9th Cir. · 2019 · confidence medium
Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
cited Cited as authority (rule) Norma Cardoza v. Target Corporation
9th Cir. · 2019 · confidence medium
Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
cited Cited as authority (rule) Guadalupe Lyn v. Outback Steakhouse of Fla. LLC
9th Cir. · 2019 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000).
discussed Cited as authority (rule) Chase Hayes v. Nassco
9th Cir. · 2017 · confidence medium
See Leong v. Potter, 347 F.3d 1117, 1124 (9th Cir. 2003) (setting forth prima facie case of discrimination under Title VII); Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1166 (9th Cir. 2000) (setting forth prima facie case of employment discrimination under ADA).
discussed Cited as authority (rule) US Equal Employment Opportunity Commission v. Placer ARC
E.D. Cal. · 2015 · confidence medium
Fundamentally, in order to defeat summary judgment of her disability claim, a plaintiff must “demonstrate that her reduced performance in this position'was attributable” to the denial of accommodation; Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157 (9th Cir.2000).
discussed Cited as authority (rule) Wright v. United Parcel Service, Inc.
9th Cir. · 2015 · confidence medium
In sum, because “[t]he record contains conflicting evidence as to whether the ability to [lift packages over 40 pounds unassisted] is an essential function of the [utility] car driver position,” Morton v. United Parcel Serv., Inc., 272 F.3d 1249, 1255 (9th Cir.2001), overruled on other grounds by Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir.2007) (en banc), summary judgment on that issue was not appropriate. *921 (b) If the plaintiff in a FEHA disability discrimination case argues that she could have performed the essential functions of her desired job with accommodation, then…
discussed Cited as authority (rule) Hutchins v. DIRECTV Customer Service, Inc.
D. Idaho · 2013 · confidence medium
To state a prima facie case under the ADA, a plaintiff must demonstrate that: “(1) she is a disabled person within the meaning of the statute; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job he holds or seeks; and (3) that he suffered an adverse employment action because of his disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir.2000); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir.1999).
cited Cited as authority (rule) Eddie Morrison v. The Kroger Company, Inc.
9th Cir. · 2011 · confidence medium
Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir.2000).
discussed Cited as authority (rule) Atencio v. Joint Jerome School District 261
D. Idaho · 2011 · confidence medium
Discrimination Under the ADA To state a prima facie case under the ADA, a plaintiff must demonstrate that: “(1) she is a disabled person within the meaning of the statute; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job she holds or seeks; and (3) that she suffered an adverse employment action because of her disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir.2000); Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir.1999).
discussed Cited as authority (rule) Burchfiel v. Boeing Corp. (2×)
Wash. Ct. App. · 2009 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157 (9th Cir. 2000).
discussed Cited as authority (rule) Burchfiel v. Boeing Corp. (2×)
Wash. Ct. App. · 2009 · confidence medium
Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157 (9th Cir.2000).
discussed Cited as authority (rule) Puckett v. Park Place Entertainment, Corp. (2×) also: Cited "see"
D. Nev. · 2004 · confidence medium
To qualify for relief under the ADA a plaintiff must show that: “(1) she is a disabled person within the meaning of the statute; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job she holds or seeks; and (3) that she suffered an adverse employment action because of her disability.” Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154,1156 (9th Cir.2000).
discussed Cited as authority (rule) Walker v. Boeing Corp.
C.D. Cal. · 2002 · confidence medium
“Under California law, to make out a cause of action for intentional infliction of emotional distress, a plaintiff must show, in relevant part, that the defendant engaged in extreme and outrageous conduct that exceeded the bounds of what is generally tolerated in a civilized society.” Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1158 (9th Cir.2000).
cited Cited as authority (rule) Guerrera v. Tempe Union High School
9th Cir. · 2002 · confidence medium
See 42 U.S.C. § 12112 (2001); Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156-57 (9th Cir.2000).
discussed Cited as authority (rule) Sheldon v. PRG Nevada I, Inc. (2×) also: Cited "see"
9th Cir. · 2002 · confidence medium
We review the award of summary judgment de novo, Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000), and we affirm.
cited Cited as authority (rule) Thompson v. St. Johns Unified School District
9th Cir. · 2002 · confidence medium
Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156-57 (9th Cir.2000) (citing, Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir. 1996)).
cited Cited as authority (rule) Miller v. Santa Clara County Library
9th Cir. · 2001 · confidence medium
Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir.2000).
discussed Cited as authority (rule) Jana L. Morton v. United Parcel Service, Inc.
9th Cir. · 2001 · confidence medium
See 42 U.S.C. § 12112 (b)(5)(A); see also McAlindin v. County of San Diego, 192 F.3d 1226, 1236 (9th Cir.1999), amended by, 201 F.3d 1211 (9th Cir.), cert. denied, 530 U.S. 1243 , 120 S.Ct. 2689 , 147 L.Ed.2d 961 (2000); Braunling v. Countrywide Home *1253 Loans Inc., 220 F.3d 1154, 1157 (9th Cir.2000).
discussed Cited as authority (rule) Norman Hutton v. Elf Atochem North America, Inc., a Pennsylvania Corporation
9th Cir. · 2001 · confidence medium
Ass’n, 239 F.3d 1128, 1132 (9th Cir.2001), petition for cert. filed, 69 *892 U.S.L.W. 3792 (U.S. Jun. 13, 2001) (No. 00-1860); Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir.2000); Broussard v. Univ. of Cal., at Berkeley, 192 F.3d 1252, 1255-56 (9th Cir.1999).
discussed Cited as authority (rule) Heimbach v. Riedman Corp.
D. Minnesota · 2001 · confidence medium
Moritz v. Frontier Airlines, Inc., 147 F.3d 784, 787 (8th Cir.1998) ("[t]here appears to be no dispute that [plaintiff], as a result of her confirmed diagnosis of multiple sclerosis is considered a person with a disability within the meaning of the ADA”); Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157 (9th Cir.2000) (concluding that plaintiff who was diagnosed with multiple sclerosis and suffered poor ambulation ability and extreme fatigue fit the definition of "disabled” under the ADA); Anderson v. Coors Brewing Co., 181 F.3d 1171, 1175 (10th Cir.1999) (plaintiff diagnosed …
discussed Cited "see" Elena v. Reliance Standard Life Insurance Company
S.D. Cal. · 2022 · signal: see · confidence high
See Lisa M. v. Henry Mayo Newhall Mem. 2 Hosp., 12 Cal.4th 291, 297 (1995) (stating California’s respondeat superior rule and 3 establishing that vicarious liability results where there was a causal nexus between the 4 tort committed and the employee’s work). 5 “Under California law, to make out a cause of action for intentional infliction of 6 emotional distress, a plaintiff must show, in relevant part, that the defendant engaged in 7 extreme and outrageous conduct that exceeded the bounds of what is generally tolerated 8 in civilized society.” Braunling v. Countrywide Home Loans Inc.…
discussed Cited "see" Debbie Sinyan v. Swedish Hospital Medical Cente
9th Cir. · 2012 · signal: see · confidence high
See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157-58 (9th Cir.2000) (while transfer to another position may be a reasonable accommodation, plaintiff failed to show that her requested transfer would have enabled her to perform the essential functions of the job); Wellington v. Lyon Cnty.
cited Cited "see" Thomas Higley v. Rick's Floor Covering, Inc.
9th Cir. · 2010 · signal: see · confidence high
See Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1156 (9th Cir.2000).
cited Cited "see" Durand v. United States Customs
9th Cir. · 2006 · signal: see · confidence high
See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir.2000).
cited Cited "see" Henderson v. Office & Professional Employees International Union
9th Cir. · 2005 · signal: see · confidence high
See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir.2000).
cited Cited "see" Eckman v. Wal-Mart Stores, Inc.
9th Cir. · 2005 · signal: see · confidence high
See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir.2000).
cited Cited "see" Ferguson v. Wal-Mart Stores, Inc.
E.D. Wash. · 2000 · signal: see · confidence high
See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir.2000).
discussed Cited "see, e.g." Barstad v. Mid States Incorporated
D. Ariz. · 2025 · signal: see also · confidence low
Kendall v. Mukasey, 282 F. App’x 527, 529 (9th Cir. 2008); see also 25 Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154 , 1157–58 (9th Cir. 2000) 26 (ruling an employee was not qualified if they have substandard performance regardless of 27 accommodations).
discussed Cited "see, e.g." Spears v. Stewart
9th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1157-58 (9th Cir.2000) (holding that the plaintiff qualified as "disabled" under the Americans with Disabilities Act, but then finding no liability because the plaintiff failed to show that the defendant could reasonably accommodate her disability); United States v. Chon, 210 F.3d 990 , 993-94 (9th Cir.2000) (holding that the Posse Comitatus Act applies to the Naval Criminal Investigative Service, but then holding that the Service's actions did not violate the statute).
discussed Cited "see, e.g." Spears v. Stewart
9th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Braunling v. Countrywide Home Loans, Inc., 220 F.3d 1154, 1157-58 (9th Cir.2000) (holding that the plaintiff qualified as “disabled” under the Americans with Disabilities Act, but then finding no liability because the plaintiff failed to show that the defendant could reasonably accommodate her disability); United States v. Chon, 210 F.3d 990 , 993-94 (9th Cir.2000) (holding that the Posse Comitatus Act applies to the Naval Criminal Investigative Service, but then holding that the Service’s actions did not violate the statute).
Retrieving the full opinion text from the archive…
Donna BRAUNLING, Plaintiff-Appellant,
v.
COUNTRYWIDE HOME LOANS INC., a New York Corp.; Cathy Kister, an Individual, Defendants-Appellees
98-56929.
Court of Appeals for the Ninth Circuit.
Jul 21, 2000.
220 F.3d 1154
2000 Cal. Daily Op. Serv. 6089
2000 U.S. App. LEXIS 17512
2000 WL 1005887
Bennett Rolfe, Law Offices Rolfe, Smith-Low & Coleman, Camarillo, California, for the plaintiff-appellant., Tracy L. Cahill, Mitchell Silberberg & Knupp, Los Angeles, California, for the defendants-appellees.
Browning, Hall, Silverman.
Cited by 46 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: C.D. California (1)
CYNTHIA HOLCOMB HALL, Circuit Judge:

Donna Braunling (“Braunling”) appeals the district court’s order granting summary judgment in favor of Countrywide Home ' Loans, Inc. (“Countrywide”). Braunling had sued Countrywide asserting causes of action for disability discrimination under the Americans with Disabilities Act (“ADA”), and its California counterpart, the Fair Employment and Housing Act (“FEHA”), in addition to a cause of action for intentional infliction of emotional distress. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

Braunling suffers from Multiple Sclerosis (“MS”). This degenerative disease causes Braunling to experience a variety of conditions including extreme fatigue, dizziness, sensitivity to light, heat, humidity and stress. MS also prevents Braunling from walking extensively. Because of these symptoms, she is unable to put in overtime at work, nor is she able to take work home.

In 1995, after a ten-year career in the loan industry, Braunling began employment at Countrywide as an underwriting supervisor. Upon beginning her employment she requested not to be scheduled to work in the early morning shifts and not to be assigned projects that required her to take work home. These requests were granted. After one year, she requested a transfer to an available position as senior underwriting supervisor, a job with significantly larger responsibilities/ Countrywide has a policy which allows its employees to transfer within the company so long as they have been in the position from which they are requesting a transfer for at least one year, have performed satisfactorily, and are approved by the responsible supervisor. Braunling’s request was approved.

Braunling’s transfer resulted in her being placed under the direct supervision of Cathy’ Kister (“Kister”). From both Braunling’s and Kister’s accounts, the rela[*1156] tionship between the two was all but smooth from the very beginning. Braunl-ing stated in her deposition. that these problems began before Kister was apprised of Braunling’s MS condition in December 1996. However, Braunling contends that these problems got significantly worse after Kister found out that Braunl-ing had MS, in that Kister allegedly frequently “bullied” Braunling. Braunling also alleges that when she informed Countrywide that she was going to file a complaint with the EEOC regarding Kisteris behavior towards her, she was subjected to a “barrage of invective” by someone from Countrywide’s human resources department. Notwithstanding the above, Braunling cannot recollect any negative comments by Kister or others that referred to her MS.

By Countrywide’s account, Braunling was unable to perform in a satisfactory manner in her new position as senior underwriting supervisor. Countrywide asserts that Braunling: (1) failed to properly respond to customer complaints; (2) failed to review audits; (3) inserted incorrect information in her analyses; and (4) failed to properly complete her database entry. Braunling does not dispute that she made mistakes, but contends that her errors were the result of faulty technology provided by Countrywide, and that she often complained to Countrywide’s computer department about her problems. Braunling admits that many of these technological mishaps were resolved by January 1997, three months before her termination. However, notwithstanding her acknowledged errors, Braunling states that her performance was comparable to that of other employees.

Due to Countrywide’s perception that Braunling was not performing adequately, she was counseled verbally and in writing both by Kister and other supervisors. After Braunling received her first written counseling from Kister in early March 1997, Braunling contacted Countrywide’s human resources department to complain about Kister. Countrywide contends that the human resources department interceded on Braunling’s behalf, and assisted Braunling in getting Kister’s approval for Braunling’s transfer to another department, even though Braunling had not been in her new position for the one year required ’ by Countrywide’s transfer policy. Braunling contends that such intercession did not occur, and that Countrywide refused to transfer her from her senior underwriting supervisor position. In April 1997, Braunling was terminated.

Braunling filed a timely complaint in California state court alleging causes of action under FEHA for disability discrimination, and for intentional infliction of emotional distress. She later added a cause of action under the ADA, which prompted Countrywide to remove the case to federal district court. The district court subsequently granted Countrywide’s motion for summary judgment on all claims. Braunling appeals this ruling.

II

We review the grant of summary judgment de novo. See Robi v. Reed, 173 F.3d 736, 739 (9th Cir.1999). The evidence is reviewed in the light most favorable to the nonmoving party to determine whether there exist any disputed genuine issues of material fact that would preclude summary judgment. See Berry v. Valence Technology, Inc., 175 F.3d 699, 703 (9th Cir.1999). If no such disputes exist, the moving party is entitled to judgment as a matter of law. See Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998).

A. DISCRIMINATION CLAIM

In order to qualify for relief under the ADA, the plaintiff must show that: (1) she is a disabled person within the meaning of the statute; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job she holds or seeks; and (3) that she suffered an adverse employment action because of her disability. [1] See Kennedy v. [*1157] Applause, Inc., 90 F.3d 1477, 1481 (9th Cir.1996). The district court ruled that Braunling had established the first prong of the test, but had failed to meet the latter two.

1. Disability

Under the ADA, an employee is disabled if, in relevant part, her physical or mental impairment substantially limits one or more of the major life activities. See 42 U.S.C. § 12102(2)(A). To determine whether a major life activity is restricted, courts must consider, in relevant part, the permanent or long-term impact of the impairment. See 29 C.F.R. § 1630.2(j)(2)(iii). Courts have found that MS fits into the above-described categorization of a disability. See Moritz v. Frontier Airlines, Inc., 147 F.3d 784, 786-87 (8th Cir.1998). In this case, Braunling has offered evidence that she was diagnosed with MS in 1995, and that she suffers some of the debilitating consequences of the disease such as poor ambulation ability and extreme fatigue. Therefore, she fits the definition for “disabled” under the ADA.

2. Reasonable Accommodation

To comply with the anti-discrimination law, an employer must reasonably accommodate the employee with a disability unless the employer can show that such an accommodation would impose an undue hardship on the running of the business. See McAlindin v. County of San Diego, 192 F.3d 1226, 1236 (9th Cir.1999), opinion amended on denial of rehearing, 201 F.3d 1211 (9th Cir.2000); see also 42 U.S.C. § 12112(b)(5)(A). The plaintiff has the burden of providing at least a facial showing that a reasonable accommodation is possible. [2] See Buckingham v. United States, 998 F.2d 735, 740 (9th Cir.1993). Reassignment to another position is generally considered a reasonable accommodation. See 29 C.F.R. § 1630.2(o)(2)(ii).

Construing the evidence in the light most favorable to Braunling, it appears that Braunling was not qualified for the job as senior underwriting supervisor. That is, she has failed to demonstrate that her reduced performance in this position was attributable to Countrywide’s failure to transfer her away from Kister’s supervision. See Summers v. Teichert & Son, Inc., 127 F.3d 1150, 1154 (9th Cir.1997). Even before Kister is alleged to have been informed about her MS, Braunling was experiencing serious difficulties with her job duties. Countrywide points to four specific tasks, illustrated above, that Braunling was unable to perform adequately. It was only when Kister was forced to reprimand Braunling verbally the first time for falling below Countrywide standards that Kister found out that Braunling had been diagnosed with MS. Therefore, this initial reprimand cannot have been a consequence of Kister’s alleged discrimination against Braunling for the latter’s medical condition.

The fact that Braunling was underper-forming in her new position regardless of her MS also goes to show that the accommodation she suggests, a transfer to another supervisor, could not have improved her situation. To parry such a conclusion, Braunling asserts that other factors, such as deficient technology, contributed to her poor performance, and that therefore her[*1158] job evaluation should be viewed in this light. The problem with this argument is that it is contradicted by Braunling’s own testimony. According to Braunling, her computer-related problems were corrected by January. 1997. After this date, Braunl-ing’s performance was still substandard until her termination in April 1997. A transfer to another supervisor would not have affected this situation and therefore Braunling cannot show that she could perform the essential functions of her position even with the accommodation she suggested to Countrywide.

B. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM

Under California law, to make out a cause of action for intentional infliction of emotional distress, a plaintiff must show, in relevant part, that the defendant engaged in extreme and outrageous conduct that exceeded the bounds of what is generally tolerated in a civilized society. See Trerice v. Blue Cross of California, 209 Cal.App.3d 878, 883, 257 Cal.Rptr. 338 (1989). Conduct which exhibits mere rudeness and insensitivity does not rise to the level required for a showing of intentional infliction of emotional distress. See Schneider v. TRW, Inc., 938 F.2d 986, 992 (9th Cir.1991).

In Schneider, this Court was presented with the issue of whether certain facts alleged by the plaintiff/employee with regards to defendanVemployer’s conduct rose to the level required by the intentional infliction of emotional distress standard. In that case, the conduct alleged consisted of the defendant: (1) yelling and screaming in the process of criticizing plaintiffs job performance; (2) yelling and screaming at plaintiff for making a mistake; (3) threatening to terminate plaintiff from her employment; and (4) making threatening gestures. See Schneider, 938 F.2d at 992. The Schneider court ruled that even though such behavior was rude and insensitive, it did not exhibit that “outrageousness” necessary to rise to the level of intentional infliction of emotional distress. See id. at 993.

The conduct that Braunling contends forms the basis of her intentional infliction of emotional distress claim is the same conduct that she contends forms the basis of her discrimination claims. The only specific incident that Braunling points to in support of her claim is the episode where she had to withstand a tirade from someone within Countrywide’s human resources department. According to Braunl-ing’s own testimony, although she disliked Kister, working with Kister just made Braunling “[not] very comfortable.” Under the standard outlined above, mere discomfort does not approach the level of extreme and outrageous conduct necessary to make a claim for intentional infliction of emotional distress. Discomfort is not a condition that “no reasonable [person] in a civilized society should be expected to endure.” Fletcher v. Western Nat’l Life Ins. Co., 10 Cal.App.3d 376, 397, 89 Cal.Rptr. 78 (1970).

Braunling attempts to suggest that such discomfort in the context of generalized discriminatory behavior should suffice,to meet the required standard. However, this assertion is squarely contradicted by Schneider where the intentional infliction of emotional distress claim was coupled with other claims for, in relevant part, discrimination based on age and national origin. See Schneider, 938 F.2d at 988. There is no relevant distinction between the facts of Schneider and the facts of this case. Therefore, Braunling has failed to allege conduct by Countrywide which is extreme and outrageous. [3]

AFFIRMED.

1

. Because California courts rely on federal discrimination cases to interpret FEHA, all[*1157] analysis pertaining to the ADA also pertains to FEHA. See Brundage v. Hahn, 57 Cal.App.4th 228, 235, 66 Cal.Rptr.2d 830 (1997); see also Bradley v. Harcourt, Brace and Co., 104 F.3d 267, 271 (9th Cir.1996).

2

. It is still disputed whether, in this circuit, the plaintiff has the burden of showing the existence of a specific reasonable accommodation that is available to the employer. A Ninth Circuit panel had held that a plaintiff had to meet such a burden. See Barnett v. U.S. Air, Inc., 196 F.3d 979, 988-89 (9th Cir.1999). However, that opinion has been vacated, see Barnett v. U.S. Air, Inc., 201 F.3d 1256 (9th Cir.2000), and the case was argued before an en banc panel on June 22, 2000. Barnett is of little relevance in this case because Braunling has already identified what specific accommodation was available to her at Countrywide, and therefore the outcome of this case will not be affected regardless of the ultimate outcome of Barnett.

3

. In light of this conclusion, we do not reach the issue, not addressed by the district court, of whether the California Workers' Compensation Act preempts Bratmling’s claim for intentional infliction of emotional distress.