Lazcano

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In this employment-discrimination case, the government has made an omnibus motion for summary judgment on all claims. This order finds that genuine issues of material fact exist as to plaintiffs claims of disability discrimination, hostile work environment, and retaliation. Accordingly,- for the reasons stated below, the government’s motion for summary judgment is only Granted in part and otherwise Denied.

STATEMENT

On summary judgment, the facts must be taken as presented by the nonmoving party. Since 1986, plaintiff Nohemi Lazca-no was an employee of the United States Postal Service at its facility in El Cerrito, California. She began her employment there as a city carrier. ' After 1999, she was a modified city carrier (Lazcano Decl. ¶ 2). Lazcano alleges that she was discriminated against because of a disability and because of her sex.

The primary alleged perpetrator was the postmaster, Jack Boster. Boster was Lazcano’s supervisor in El Cerrito between 1995 and 1998. Boster was transferred to another office in 1999 but returned to the El Cerrito Post Office as postmaster in March 2003.…