Martinez

MEMORANDUM ****

Plaintiff Erick Martinez sued the Commissioner of the Social Security Adminis *77 tration (“SSA”) in federal district court alleging gender and disability discrimination because he was not selected for two SSA “Contact Representative” positions, one at the Wilshire office of the SSA and one at the Boyle Heights office. The district court granted the Commissioner’s motion for summary judgment, holding that plaintiff had not demonstrated any triable issues of fact with regard to his discrimination allegations, and Martinez appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We affirm the grant of summary judgment with respect to all plaintiffs claims regarding the Wilshire position, and affirm the grant of summary judgment with respect to plaintiffs disability discrimination claim regarding the Boyle Heights position. We reverse, however, the grant of summary judgment to defendant on plaintiffs claim of gender discrimination regarding the Boyle Heights position and remand for proceedings not inconsistent with this disposition.

1. Under the Rehabilitation Act, “[n]o otherwise qualified individual with a disability ... shall, solely by reason of her or his…