Bowden

Bowden v. Potter

Good Law
308 F. Supp. 2d 1108·2004 WL 504675·2004 U.S. Dist. LEXIS 8992
United States District Court, Northern District of CaliforniaMarch 12, 2004C-02-4280 EMCCalifornia8,758 words

Opinion

Opinion

Chen, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 53)

Plaintiff Jessie L.W. Bowden sued his employer the United States Postal Service (“USPS”) for race discrimination under Title VII. The USPS has moved for summary judgment, arguing that there is no evidence (1) that similarly situated employees outside of the protected class were treated more favorably and (2) that the USPS’s stated reasons for its actions were a pretext for discrimination. Having reviewed the briefs, the accompanying evi-dentiary submissions, and the record in this case, and having considered the oral argument of counsel, the Court hereby DENIES the USPS’s motion for summary judgment. There is a genuine dispute as to whether Mr. Bowden was removed from employment with the USPS because of his race.

I. FACTUAL BACKGROUND

Mr. Bowden is African American. See Bowden Decl. ¶ 2. He has been a letter carrier for the USPS since 1982. See Bowden Decl. ¶ 1. During the relevant time period, Mr. Bowden worked at various offices and/or branches of the Palo Alto Post Office, including the Hamilton branch.

A. Letter of Warning, Dated October 27, 1998

On or about October 23, 1998, Mr. Bow-den had a…

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