United States District Court, D. Nevada
ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER
Richard F. Boulware, II United States District Judge.
case is a race and disability discrimination action.
Plaintiff Rosemary Garity worked at the Pahrump Post Office
and alleges adverse employment action from her supervisors on
the basis of (a) her Caucasian race and (b) her medically
documented disabilities, which require minimal reasonable
accommodation. The Court held a six-day bench trial in this
case from January 16, 2018 through February 8, 2018.
on the following findings of fact and conclusions of law, the
Court rules in favor of Defendant as to Plaintiff's race
discrimination action pursuant to Title VII of the Civil
Rights Act of 1964. The Court rules in favor of Plaintiff as
to Plaintiff's disability discrimination action pursuant
to the Rehabilitation Act of 1973.
filed the original Complaint against the Postmaster General
of the United States Postal Service on November 9, 2011. ECF No.
1. Defendant filed a Motion to Dismiss on January 18, 2012.
ECF No. 7. Plaintiff filed an Amended Complaint on February
6, 2012. ECF No. 12. Defendant filed a Motion to Dismiss the
Amended Complaint on March 8, 2012. ECF No. 20.
Court granted the Motion to Dismiss, and Plaintiff filed a
Second Amended Complaint on June 11, 2012. ECF Nos. 28, 30.
Defendant filed a Motion to Dismiss the Second Amended
Complaint on June 25, 2012. ECF No. 31.
Court granted in part and denied in part the Motion to
Dismiss. ECF No. 40. Plaintiff filed the Third Amended
Complaint on February 28, 2013, which is the operative
complaint in this matter. ECF No. 43. Plaintiff alleged race
discrimination, disability discrimination, retaliation,
hostile work environment, and failure to accommodate in
violation of Title VII of the Civil Rights Act of 1964.
Defendant filed an Answer on March 21, 2013 and an Amended
Answer on April 11, 2013. ECF Nos. 45, 47.
Court entered a scheduling order on April 29, 2013. ECF No.
50. Discovery concluded on October 6, 2014. ECF Nos. 182,
February 23, 2015, Defendant filed a Motion to Dismiss and
Motion for Summary Judgment. ECF Nos. 259, 260. The Court
denied the Motion to Dismiss on April 16, 2015. ECF No. 279.
March 30, 2016, the Court granted in part and denied in part
the Motion for Summary Judgment. ECF No. 315. The Court
denied the Motion as to Plaintiff's race discrimination
and disability discrimination claims, and granted the Motion
as to Plaintiff's retaliation, hostile work environment,
and failure to accommodate claim. ECF No. 316.
trial that took place on January 16, 17, 18, 19, 24 and
February 8, 2018. ECF Nos. 429, 432, 433, 434, 439, 452. On
January 25, 2018, Defendant filed the instant Motion for
Judgment on Partial Findings. ECF No. 436.
April 26, 2018, Plaintiff filed the instant Motion to Remedy
Trial Deficiencies. ECF No. 470. On July 10, 2018, Plaintiff
filed the instant Motion for Ruling on Outstanding Motions.
ECF No. 473. On January 9, 2019, Plaintiff filed the instant
Motion for Status Conference on Trial Conclusion.
JURISDICTION AND VENUE
Court has jurisdiction pursuant to 28 U.S.C. § 1331, as
the action arises under Title VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000e et seq. and the
Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et
is proper because the incident from which this dispute arose
occurred within Nye County, Nevada.
FINDINGS OF FACT
Rule of Civil Procedure 52(a)(1) requires the Court to
“find the facts specially and state its conclusions of
law separately.” Fed.R.Civ.P. 52(a)(1). The court must
make findings sufficient to indicate the factual basis for
its ultimate conclusion. Kelley v. Everglades Drainage
District, 319 U.S. 415, 422 (1943). The findings must be
“explicit enough to give the appellate court a clear
understanding of the basis of the trial court's decision,
and to enable it to determine the ground on which the trial
court reached its decision.” United States v.
Alpine Land & Reservoir Co., 697 F.2d 851, 856 (9th
Cir.), cert. denied, 464 U.S. 863 (1983) (citations
following the bench trial and having reviewed all of the
evidence and observed all of the witnesses, the Court makes
the following findings of fact in this case.
Background Factual Findings
Plaintiff Rosemary Garity was hired by the United States
Postal Service (“USPS”) on approximately November
3, 2001. Over the course of her first five years with USPS,
Plaintiff worked at various locations in Las Vegas, Nevada.
December 8, 2008, Plaintiff transferred stations and began
working for the USPS at the Pahrump, Nevada post office as a
part-time flexible clerk. Plaintiff was employed at the
Pahrump, Nevada post office until approximately December 1,
2011, at which time Plaintiff no longer worked at the USPS.
2008 though August 26, 2011, Plaintiff was a part-time
flexible clerk. Duties of a part-time flexible clerk included
sales and customer services at a retail window, distributing
primary and one or more secondary schemes of incoming and
outgoing mail, performing collections of mail from post
office mailboxes located in the community, and performing
bulk mail entry unit work. A part-time flexible clerk was not
guaranteed a certain number of hours.
Effective August 27, 2011, the Pahrump Post Office no longer
provided a part-time flexible clerk position, and Plaintiff
and the other two part-time flexible clerks became
non-traditional full-time clerks. A non-traditional full-time
clerk performed the same functions as a part-time flexible
clerk. However, a non-traditional full-time clerk was
guaranteed at least approximately 34.5 hours per week if work
was available within the employee's work restrictions.
Plaintiff is Caucasian.
Maria Albertini and Anne Lindsey each held the same position
as Plaintiff throughout the relevant time period (part time
flexible law clerk prior to August 27, 2011 and
non-traditional full-time clerk on and after August 27,
2011). Albertini is Hispanic. Lindsey is Caucasian.
Elias Armendariz was Plaintiff's immediate supervisor
throughout 2011. He is Hispanic.
Debra Blankenship was the Postmaster, Armendariz's
supervisor, and Plaintiff's indirect supervisor
throughout 2011. She is Caucasian.
Plaintiff's Job Duties & Performance
Part-time flexible clerks were responsible for overflow work
that exceeded the capacity of the full-time clerks and for
substituting in for full-time clerks during breaks or
absences. Part-time flexible clerks were trained on all tasks
assigned to full-time clerks but were assigned to tasks on a
daily as-needed basis.
Pursuant to office policy, work duties could not be taken
away from full-time clerks and given to part-time clerks.
Plaintiff was qualified for her job as a part-time flexible
clerk and was performing satisfactorily. During the relevant
time period, no supervisor ever communicated to Plaintiff
that her work was unsatisfactory in any way.
Plaintiff's Medical Restrictions
Plaintiff was disabled throughout the relevant time period.
Plaintiff had a major depressive disorder, a panic disorder,
a generalized anxiety disorder, and an adjustment disorder
with anxiety and depression. Plaintiff also had heel spurs,
heart valve regurgitation, and labial cancer. Plaintiff
experienced frequent chest pain and heel pain.
Plaintiff was medically restricted to work no more than five
days per work week.
Plaintiff was medically restricted to stand no more than four
hours per day and walk no more than four hours per day.
Plaintiff was medically restricted to be on her feet no more
than one hour continuously with fifteen-minute breaks.
Plaintiff was medically restricted to driving no more than
two hours in a day, up to thirty minutes continuously.
Plaintiff was medically restricted to lift no more than
Plaintiff was not medically restricted from performing any
clerk duties except for collections, which required driving
beyond Plaintiff's physical capacity.
Collections was not an essential function of Plaintiff's
Plaintiff was qualified for, and physically capable of
performing, every other duty available at the Pahrump Post
Office with minimal accommodations.
Plaintiff consistently was able to perform all of the
essential functions of her job with minimal accommodation at
all times, including throughout 2011.