United States Court of Appeals

United States Court of Appeals

For the First Circuit

No. 16-1637

MARIBEL MALDONADO-C?TALA,

Plaintiff, Appellant,

v.

MUNICIPALITY OF NARANJITO; ORLANDO ORTIZ-CH?VRES, in his individual and official capacity as Mayor of Municipality of

Naranjito; MARIALIS FIGUEROA-NEGR?N, in her individual and official capacity as Director of the Human Resources Office of the Municipality of Naranjito; JOS? TOM?S RODR?GUEZ-V?LEZ, in

his official and individual capacity as Director of the Municipal Emergency Management Office; JOS? AMUARY FIGUEROA, in his official and individual capacity as Interim Chief of Field Operations for the Emergency Management Office; HIRAM BRISTOL-

COL?N, in his official and individual capacity as Former Director of the Municipal Emergency Management Office,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Bruce J. McGiverin, Magistrate Judge]

Before

Howard, Chief Judge, Lipez and Thompson, Circuit Judges.

Luis A. Rodr?guez Mu?oz, with whom Landr?n Vera, LLC, Eduardo A. Vera Ram?rez, and Eileen Landr?n Guardiola were on brief, for appellant.

Efraim A. De Luna-Colon, with whom Gonzalez-Mendez Law Office and Vivian Ivette Gonzalez Mendez were on brief, for appellee

Municipality of Naranjito and individual appellees in their official capacity.

Luis R. Rom?n-Negr?n, Solicitor General, with whom Susana I. Pe?agar?cano-Brown, Assistant Solicitor General, was on brief, for individual appellees in their individual capacity.

November 21, 2017

LIPEZ, Circuit Judge. Appellant Maribel MaldonadoC?tala ("Maldonado") claims that, over a period of years, she faced abusive treatment from colleagues and superiors in the Emergency Management Office ("EMO") of the Municipality of Naranjito. She brought this suit alleging violations of federal and Commonwealth anti-discrimination laws, asserting that the defendants' actions were based on gender, and were in retaliation for her complaint about a superior's sexual harassment. The district court granted summary judgment for the defendants. On appeal, Maldonado challenges only the dismissal of her claims premised on a hostile work environment. Having carefully reviewed the record, we take a different path but ultimately agree with the district court's conclusion that these claims are not viable. Hence, we affirm its judgment.

I. Background A. The Facts

We present the facts in the light most favorable to appellant, consistent with record support. See Alfano v. Lynch, 847 F.3d 71, 74 (1st Cir. 2017).

1. Maldonado's Employment and First Leave Maldonado began working in the EMO as an emergency medical technician in 2008, responding via ambulance when medical or other emergency assistance was needed. After suffering a workrelated accident, Maldonado took leave from July 8, 2010 until

- 3 -

April 3, 2012. In September 2010, while on leave, she accompanied a co-worker to meet with the Municipality's Director of Human Resources, Marialis Figueroa-Negr?n ("Figueroa-Negr?n" or the "HR director"), to discuss sexual harassment by the EMO director, Hiram Bristol-Col?n ("Bristol"), against several female employees. During that meeting, Maldonado reported comments made to her not only by Bristol, but also by another EMO employee, Jos? Amuary Figueroa-Nieves ("Figueroa-Nieves"), who made crude jokes about Maldonado's sexual orientation. Maldonado's co-worker, Jose Luis Hernandez Rivera ("Hernandez"), testified in his deposition that Figueroa-Nieves and at least one other EMO employee repeatedly used slurs, such as "machito" (roughly translated as "manly") to refer to Maldonado, and he described the situation as "like a battle" because she was being attacked "all the time."

Shortly after the September 2010 meeting, the Municipality hired an attorney to investigate the complaint against Bristol, and Maldonado was one of the employees interviewed. By the end of October 2010, the attorney had issued a report finding that Bristol had engaged in misconduct and sexual harassment, and recommending his removal from his position. At the request of the mayor, Orlando Ortiz-Ch?vres, Bristol resigned from his trust position as EMO director. For the next several months, Ram?n V?zquez Baez ("V?zquez"), the Municipal Police Commissioner, also served as interim EMO director.

- 4 -

Following the Bristol investigation, Maldonado was the subject several times of derogatory comments posted on Facebook by one or more individuals, using pseudonyms, referring to her involvement in the matter. She highlights a Facebook message sent to her personally at 10:46 PM on November 1, 2010, in which she was called a "nasty lesbian," "whore," "snake," and "dike." The message further stated: "I will see you fall you dirty lesbian and every one of you one by one what you did to that man the one from emergency management . . . remember that you have children that by the way the boy is gay and the girl is a lesbo . . . ."

Understandably alarmed by this message, Maldonado filed a police report the next morning that prompted an investigation. Although the law enforcement inquiry indicated that the message was sent from within the Municipality, and possibly from the EMO or municipal police department, the police were unable to identify the sender within the applicable one-year limitations period for the misdemeanor that could have been charged based on the message. Hence, in late 2011, the department terminated its investigation. The primary police investigator, Officer Jackeline Candelaria Curbelo ("Candelaria"), turned over her file to Maldonado, reporting that "things had gotten complicated" and that "[t]hey

- 5 -

used the municipality's computers and the internet to send you

this message."1

Meanwhile, Maldonado also had reported the messages

shortly after she received them to Figueroa-Negr?n, the HR

director, who told her that she would pursue the matter within the

department after the police investigation and said "when the time[]

come[s] we will punish them." When Maldonado obtained the police

file in late 2011, she offered the documents to the mayor, who

initially expressed skepticism about investigating "a fake page,"

but then instructed Maldonado to deliver the materials personally

to Figueroa-Negr?n when she returned from maternity leave in early

2012. In February 2012, Maldonado sent a letter to the mayor

requesting an administrative investigation. Maldonado suspected

Figueroa-Nieves, whom V?zquez, the Municipal Police Commissioner

and EMO interim director in late 2010 and early 2011, had put in

charge of the office's day-to-day operation while he handled police

1 In her deposition, Candelaria stated that she did not know if the message could be traced back to a specific computer within the Municipality. She explained that the police had determined that the holder of the internet account at issue was the Municipality of Naranjito, that the "service was installed at the Emergency Management Office facilities," and that the phone numbers associated with the account belonged to the EMO and the Municipality's police department. As she was answering questions at the deposition, however, she discovered that two different account numbers were listed in the letter sent by the internet service company to the police. Candelaria said she did not know whether the identifying information provided was for the correct, or incorrect, account number.

- 6 -

work. In that role, Figueroa-Nieves would have had access to the

EMO computer identified as a possible source of the message. To

Maldonado's knowledge, no internal investigation took place.

2. Maldonado's Work Experience Post-Leave

Maldonado returned to work in April 2012. Although the

doctor for the State Insurance Fund told her that her back sprain

was not fully healed at that point, and she should not yet return

to work, he nonetheless gave her the required form when Maldonado

explained that she had been denied an additional six-month leave

and could not afford to lose her job.2 The form reported that she

would continue receiving treatment while working.

Just before resuming her position, Maldonado met with

Figueroa-Negr?n and the EMO director appointed in February 2011,

Jos? Tom?s Rodr?guez V?lez ("Rodr?guez"), to inform Rodr?guez

2 At one point in her deposition, Maldonado stated that she was denied leave "as soon as they received notification of the police complaint and investigation." That assertion, however, is belied by more specific evidence in the record. Maldonado testified that she told her superiors in late 2010 that she had filed a police complaint after the November 1 Facebook message, and she also testified that she "maintained contact continuously" with the HR director and mayor's office during the course of the police investigation. Meanwhile, three times during the one-year period from December 2010 through December 2011, she was granted additional leave. See App'x at 270-71 (requests in August and June 2011, and approval through December 31, 2011); id. at 268-69 (request for three-month extension, dated December 11, 2011, and approval of leave through March 31, 2012). Maldonado also acknowledges that the municipality is obligated to retain a position for an employee on medical leave only for one year, meaning that she could have been terminated in July 2011.

- 7 -

about the Facebook-related investigation involving EMO employees "so that he knew and understood and [could] try not to make us work the same schedules and so that he [could] be [on the] look out." They also discussed Maldonado's need to reactivate her professional licenses, which had lapsed while she was out, so she could be assigned paramedic duties. According to Maldonado, Rodr?guez told her "that since my licenses were past due, that he needed a janitor for the office."

Rodr?guez and Figueroa-Negr?n initially gave Maldonado two months to renew her licenses, but Maldonado testified that they "understood that it wasn't humanly possible to comply with all those requirements in two months." They told her there would be no problem if she "kept bringing them certifications" showing that she was moving toward fulfilling the licensing requirements.3 For the first couple of months after her return, Maldonado was assigned exclusively to the EMO office answering phones.4 She attributed that placement to "my condition and they saw that my licen[s]es were not up to date."

3 Maldonado testified that, by November 2012, she had provided documentation for CPR training, sign language instruction, and the Public Service Commission license for driving an ambulance. She had still not taken the practical exam administered by the Medical Emergency Technician Examination Board, which was offered infrequently.

4 Maldonado reports no further mention of the janitorial position.

- 8 -

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download