857 F. Supp. 2d 231
D.P.R.2012Background
- Plaintiff Acevedo-Torres, a municipal police officer, alleged sexual harassment and retaliation under Title VII and Law 100.
- Martinez-Vargas, a fellow officer, allegedly masturbated in Plaintiff’s presence at her Coliseum post while on duty.
- Plaintiff reported the incident but initially did not report promptly due to relationships among officers.
- An administrative investigation found Martinez-Vargas had engaged in lewd conduct with other female officers.
- Plaintiff sought unpaid medical leave after psychiatric treatment; her request was denied and she resigned with compensation offer.
- EEOC charge was filed alleging sexual harassment discrimination; Right to Sue letter issued October 14, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff's claim is a viable hostile work environment claim under Title VII | Plaintiff alleges severe, pervasive harassment. | Alleged conduct was a single, isolated incident. | Hostile environment claim survives the Rule 12(b)(6) standard. |
| Whether Plaintiff's retaliation claim is exhausted administratively | Retaliation is related to the EEOC charge and should be allowed. | Retaliation occurred before the EEOC charge and was not included in it. | Retaliation claim dismissed for lack of proper exhaustion. |
| Whether Law 100 claims apply to municipalities | Law 100 applies to employer discrimination in Puerto Rico. | Law 100 does not apply to municipalities or municipal employees. | Law 100 claim against Municipality of Arecibo dismissed. |
Key Cases Cited
- Forrest v. Brinker International Payroll Co., LP, 511 F.3d 225 (1st Cir.2007) (establishes elements of hostile work environment and employer liability standard)
- Crowley v. L.L. Bean, Inc., 303 F.3d 387 (1st Cir.2002) (hostile environment evaluation and employer liability framework)
- Harris v. Forklift Sys., 510 U.S. 17 (U.S. 1993) (standard for whether conduct creates a hostile environment)
- Lipsett v. Univ. of Puerto Rico, 864 F.2d 881 (1st Cir.1988) (defines when conduct alters conditions of employment)
- Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (limits employer liability for harassment by supervisors)
- Gargano v. Liberty Intern. Underwriters, Inc., 572 F.3d 45 (1st Cir.2009) (pleading standards under Rule 12(b)(6) referenced for plausibility)