Power

MEMORANDUM ****

Power, a civilian employee of the U.S. Navy, appeals from the district court’s grant of England’s motion for summary judgment on his Rehabilitation Act and retaliation claims. Power alleges that the U.S. Navy discriminated against him based on his mental and physical disabilities and retaliated against him for engaging in a protected activity under Title VII of the 1964 Civil Rights Act. Because the facts are known to the parties, they are not discussed here except as necessary.

I

To establish a prima facie case of disability discrimination under the Rehabilitation Act, 29 U.S.C. § 701 et seq., Power must show that he (1) is an individual with a disability, (2) was otherwise qualified, and (3) was subjected to discrimination because of his disability. Lucero v. Hart, 915 F.2d 1367, 1371 (9th Cir.1990). An individual with a disability is any person who has a physical or mental impairment that substantially limits one or more of their major life activities. 42 U.S.C. § 12102 (2)(A). “Substantially limited” refers to the inability to perform a major life activity as compared to the average person in the general population, or a significant restriction as to the…