Velazquez-Perez v. Developers Diversified Realty, No. 12-2226 (1st Cir. 2014)
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Plaintiff brought sex discrimination and retaliation claims under Title VII of the Civil Rights Act against his former employer, DDR Corp., after his employment was terminated. Specifically, Plaintiff claimed that DDR discriminated against him on the basis of sex by terminating him after his co-worker, whose sexual advances he refused, maligned his job performance. The district court granted summary judgment to DDR. The First Circuit (1) vacated the portion of the district court’s judgment granting summary judgment against Plaintiff on his sex discrimination claim, holding (i) a reasonable jury could find that the jilted co-worker’s discriminatory efforts were the proximate cause of Plaintiff’s termination, and (ii) although the co-worker was not Plaintiff’s direct supervisor, DDR could nonetheless be found liable for negligently allowing the co-worker’s discriminatory acts to cause Plaintiff’s firing; and (2) otherwise affirmed the judgment of the district court. Remanded.
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