Myrna Gómez-Pérez (“Gómez”), a former window distribution clerk at the United States Postal Service (“USPS”) in Do-rado and Moca, Puerto Rico, sued the USPS and the Postmaster General, John Potter, in his official capacity. She alleged, inter alia, that her supervisors retaliated against her for filing an equal opportunity employment complaint with the USPS, and that this retaliation constituted
On appeal, we held that the district court had erred in finding sovereign immunity applicable, as Congress has waived sovereign immunity for the USPS. Gómez-Pérez v. Potter,
In light of the Supreme Court’s unequivocal conclusion that § 633a includes a cause of action for retaliation, and the continued viability of our holding on sovereign immunity, we vacate the district court’s grant of summary judgment in favor of the USPS and Potter. We also vacate Part 11(B) of our opinion,
Reversed and remanded.
