Bray

MEMORANDUM **

Ronald D. Bray appeals the district court’s order granting summary judgment to John E. Potter, the Postmaster General for Bray’s employer, the United States Postal Service (“USPS”). Bray brought this action against Potter for: (1) disability discrimination, in violation of the Rehabilitation Act, 29 U.S.C. §§ 791 et seq.; and (2) retaliation for filing a discrimination complaint with the USPS Equal Employment Office (“EEO”), also in violation of the Rehabilitation Act.

Bray has worked as a rural route mail carrier for the Post Office in Park City, Montana since 1992. In 1998, Bray sustained back and neck injuries in an on-the-job automobile accident, but he was able to continue performing his work without *547 physical limitation. In late 2002, Bray underwent elective surgery to alleviate symptoms of his back and neck injury. Bray’s surgery was successful, but his doctor recommended Bray take a 5 minute break after every 30 minutes of work on a permanent basis. The USPS has always allowed Bray to take his doctor-recommended 5 minute breaks. In early 2003, while Bray was on medical leave, the USPS conducted a regularly scheduled “route count,” which establishes the…