64 F.4th 22
1st Cir.2023Background
- Rosa López-Hernández worked as a production supervisor for Terumo and applied for an internal promotion to Senior Production Supervisor but was not selected.
- During the selection period she alleges Operations Director Rafael Benítez made comments expressing dislike of her and that he was not "used to working with women."
- Terumo documented numerous complaints over several years from peers, subordinates, and HR about López‑Hernández's supervisory, communication, and quality‑control deficiencies (including incorrect documentation, hostility, favoritism, and inability to motivate staff); she was not fluent in English.
- López‑Hernández filed an internal sex‑discrimination complaint about Benítez and about five months later was terminated for misconduct based on a pattern of performance problems and policy violations.
- The district court granted Terumo summary judgment, deeming Terumo’s statement of uncontested facts admitted after López‑Hernández failed to comply with D.P.R. Local Rule 56; the court found Terumo offered legitimate, nondiscriminatory reasons and appellant failed to show pretext or causation.
- The First Circuit affirmed, rejecting challenges to the sufficiency of Terumo’s evidence, the weight given to interested witness testimony, the retaliation claim, and the Puerto Rico law claims (including Law 80, which appellant did not meaningfully develop).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure‑to‑promote (sex discrimination) | López‑Hernández contends she was qualified and was rejected due to sex bias (Benítez's comments). | Terumo says she lacked required supervisory, interpersonal, documentation, and bilingual skills; HR did not recommend promotion. | Affirmed for Terumo: appellant failed to establish prima facie qualification or show employer's reasons were pretextual. |
| Retaliation (Title VII) | Termination followed her internal complaint and temporal proximity suggests retaliatory motive. | Terumo says termination was for documented misconduct and Benítez did not make the termination decision; five months’ gap and record undercut causation. | Affirmed for Terumo: temporal proximity alone insufficient; no evidence of but‑for causation or pretext. |
| Local Rule 56 compliance | Appellant disputes facts but failed to provide the required precise record citations. | Terumo relied on its SUF and record support; untimely/unsupported controversion deemed noncompliant. | Affirmed: district court properly deemed Terumo’s SUF admitted under Local Rule 56 and considered there was no genuine dispute. |
| Puerto Rico statutory claims (Laws 100, 69, 115, 80) | Parallel claims to federal discrimination and retaliation; Law 80 for wrongful discharge. | Same factual defenses and nondiscriminatory reasons; Law 80 contested but appellant did not develop argument. | Affirmed dismissal: Puerto Rico claims rise or fall with Title VII claims; Law 80 claim waived/unsupported. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden‑shifting framework for discrimination claims)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard; judge determines whether genuine issue for trial exists)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (treatment of uncontradicted interested witness evidence at summary judgment)
- Univ. of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. 338 (Title VII retaliation requires but‑for causation)
- Tropigas de P.R., Inc. v. Certain Underwriters at Lloyd's of London, 637 F.3d 53 (Local Rule 56 enforces focus on facts, not argument)
- Cabán Hernández v. Philip Morris USA, Inc., 486 F.3d 1 (district court may deem movant's facts admitted under Local Rule 56 when not properly controverted)
- Dennis v. Osram Sylvania, Inc., 549 F.3d 851 (interested‑party testimony may be credited at summary judgment if uncontradicted)