Maldonado-Catala v. Municipality of Naranjito

876 F.3d 1
CourtCourt of Appeals for the First Circuit
DecidedNovember 21, 2017
Docket16-1637P
StatusPublished
Cited by31 cases

This text of 876 F.3d 1 (Maldonado-Catala v. Municipality of Naranjito) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maldonado-Catala v. Municipality of Naranjito, 876 F.3d 1 (1st Cir. 2017).

Opinion

LIPEZ, Circuit Judge.

Appellant Maribel Maldonado-Cátala (“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 work-related accident, Maldonado took leave from July 8, 2010 until April 3, 2012. In September 2010, while on leave, she accompanied a coworker to meet with the Municipality’s Director of Human Resources, Marialis Figueroa-Negrón (“Figueroa-Negrón” or the “HR director”), to discuss sexual harassment by the EMO director, Hiram Bristol-Colón (“Bristol”), against several female employees. During that meeting, Maldonado reported comments made to her not only by Bristol, but also by another EMO employee, José 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 hárassment, and recommending his removal from his position. At the request of the mayor, Orlando Ortiz-Chévres, Bristol resigned from his trust position as EMO director. For the next several months, Ramón Vázquez Baez (“Vázquez”), the Municipal Police Commissioner, also served as interim EMO director.

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 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-Negron, 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-Negrón 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 Vázquez, 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 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 FigueroarNegrón and the EMO director appointed in February 2011, José Tomás Rodríguez Vélez (“Rodrí-guez”), to inform Rodríguez about the Fa-cebook-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, Rodriguez told her “that since my licenses were past due, that he needed a janitor for the office,”

Rodríguez and Figueroa-Negrón 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 li-cences were not up to date,”

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876 F.3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-catala-v-municipality-of-naranjito-ca1-2017.