Pontier

I. BACKGROUND

25 This case is an employment discrimination and retaliation suit against Attorney 26 General Merrick B. Garland, sued here in his official capacity as the head of the 27 Department of Justice and federal Bureau of Prisons (“BOP” or “Agency”). 28 A. Plaintiff’s Employment Plaintiff is a former employee of the BOP, primarily as a Correctional Systems Officer (“CSO”), from 2003 until January 2020. (Complaint (“Compl.”), Doc. No. 1, ¶¶ 3, 5.) Beginning around 2008–2009, Plaintiff worked at the BOP’s Metropolitan Correctional Center in downtown San Diego, California. (Id. ¶ 5.) Plaintiff states he is a Black and Latino gay male who has been diagnosed with anxiety, depression, and a panic disorder, all of which were known by Defendant. (Id. ¶ 8.) He asserts that for a period of years, he was subjected to a hostile work environment on the basis of sex and/or sexual orientation and, after reporting the continuing harassment to supervisors, was subjected to retaliation from BOP management. (Id. ¶ 9.) Plaintiff alleges his co-worker, Officer Gallegos, began to publicly make anti-gay comments, both…