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Vera v. McHugh

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Before Torruella, Selya, and Lipez, Circuit Judges.

In this action pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), the plaintiff, Rosa Linda Vera, alleged that she was sexually harassed by a co-worker and subsequently by a supervisor at the Fort Buchanan Army garrison in Puerto Rico, and then fired in retaliation for filing her sexual harassment complaints. Both claims of sexual harassment involved allegations depicting a hostile work environment. The district court found that Vera’s first sexual harassment claim was not properly before it because she had failed to exhaust her administrative remedies and her equitable estoppel argument did not excuse the failure. On the merits, the court granted summary judgment for the defendant on Vera’s second sexual harassment claim and her retaliation claim.

After careful consideration, we affirm the district court’s grant of summary judgment to the defendant on Vera’s first claim of sexual harassment and on her retaliation claim. Finding that Vera has created a genuine issue of material fact on her second sexual harassment claim involving her supervisor, Raul Rodriguez, we vacate the district court’s grant of summary judgment on that claim and remand for further proceedings consistent with this opinion.

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