Gerald v. Univ. of Puerto Rico, No. 11-2143 (1st Cir. 2013)
Annotate this CaseEmployee, a scientist formerly employed by a University, claimed her supervisor (Supervisor) sexually harassed her. Employee complained about the harassment, but University dismissed Employee's complaint. Employee subsequently resigned from her position and brought this lawsuit against University and Supervisor (collectively, Defendants), claiming that she was sexually harassed by Supervisor, retaliated against by University for filing the administrative sexual harassment complaint, and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. Employee also raised supplemental Commonwealth claims. The district court granted summary judgment in favor of Defendants, finding that Employee failed to make out a prima facie case for any of the relief she sought. The First Circuit Court of Appeals (1) affirmed the grant of summary judgment on the Title VII retaliation and constructive discharge claim; but (2) vacated the grant of summary judgment on the Title VII sexual harassment claim and the Puerto Rico law claims prohibiting sexual harassment in employment and gender based discrimination.
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