Trujillo
Trujillo v. United States Postal Service
Opinion
Lead Opinion
MEMORANDUM **
Frank Trujillo, Jr., appeals the district court’s grant of summary judgment in favor of Defendant-Appellee, the United States Postal Service (“USPS”). Trujillo claims the USPS discriminated against him on the basis of his disability and retaliated against him for filing a complaint with the Equal Employment Opportunity Commission (“EEOC”). We affirm the district court. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
I
The district court correctly granted summary judgment on Trujillo’s claims of *139 disability discrimination and failure to accommodate under the Rehabilitation Act of 1973. 29 U.S.C. § 701 et seq. Assuming without deciding that Trujillo satisfied his burden to establish a prima facie case of disability discrimination under the Rehabilitation Act, we conclude that the district court correctly held that the USPS articulated a legitimate, nondiseriminatory reason for its decision to terminate him, but that Trujillo was unable to tender sufficient evidence of pretext to avoid summary judgment. See Leong v. Potter, 347 F.3d 1117, 1124 (9th Cir.2003) (reciting standard).