Gunzenhauser

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL GUNZENHAUSER, Case No. 22-cv-03406-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

MERRICK B. GARLAND, Re: Dkt. No. 21 Defendant.

12 In this federal civil rights action, Plaintiff Michael Gunzenhauser claims that his former employer engaged in disability discrimination and retaliation by not selecting him for a promotion, thereby violating his rights under the Rehabilitation Act of 1973. Defendant moves to dismiss both claims. Because Gunzenhauser plausibly alleges a claim for discrimination, but concedes his retaliation claim is subsumed by a pending administrative class action, the motion to dismiss is GRANTED in part and DENIED in part. BACKGROUND I. FACTUAL BACKGROUND Gunzenhauser is a former employee of defendant Bureau of Prisons (“BOP”). He filed this action alleging that his former employer did not select him for a promotion because of his …