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United States Court of Appeals for the First Circuit
July 17, 2015, Decided
[*171] LIPEZ, Circuit Judge. Carmen Planadeball appeals the district court's grant of summary judgment on her claim of retaliation against Wyndham Vacation Resorts, Inc. ("Wyndham") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Planadeball contends that Wyndham retaliated against her for making informal and formal complaints [*172] against her then-supervisor Shawyn Maley after he subjected her to a hostile work environment on the basis of her race and national origin. Adopting the magistrate judge's recommendation, the district court granted Wyndham's motion for summary judgment. Because we agree that Planadeball has not presented sufficient evidence to establish a retaliation claim under Title VII, we affirm.
] We recount the facts in the light most favorable to Planadeball, who was the non-moving party [**2] at summary judgment. See Santana-Concepción v. Centro Médico del Turabo, Inc., 768 F.3d 5, 7 (1st Cir. 2014).
Planadeball was born in Puerto Rico and identifies as Hispanic. She was hired by Wyndham in June 2009 as a sales representative at the Bonnet Creek Resort in Orlando, Florida. Planadeball and the other sales representatives sold family vacation packages and vacation ownership products. In January 2010, she was transferred to the regional office at the Wyndham Río Mar Beach Resort in Río Grande, Puerto Rico. At the time, she was supervised by sales manager Anngelo Sánchez. In December 2010, Wyndham hired Shawyn Maley as a sales manager in the Río Grande office. Subsequently, Planadeball was supervised by both Sánchez and Maley. On February 15, 2011, Sánchez began a period of leave under the Family and Medical Leave Act, making Maley the sole supervisor for Planadeball and the other Río Grande sales representatives.
During his time as the sales manager of the Río Grande office, Maley made many derogatory comments about Puerto Ricans and African-Americans in front of Planadeball and her co-workers. For example, he said that the sales representatives should not waste their time with Puerto Rican customers because they "don't have any money." He also called Puerto [**3] Ricans "stupid" and said that they "don't have education." He referred to Puerto Rico as "a trash can" and said "that everything is dirty." Additionally, he referred to African-Americans as "niggers" and instructed the sales representatives to avoid dealing with them because "they were more than likely to have bad credit."
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
793 F.3d 169 *; 2015 U.S. App. LEXIS 12382 **; 127 Fair Empl. Prac. Cas. (BNA) 1185; 99 Empl. Prac. Dec. (CCH) P45,358
CARMEN PLANADEBALL, Plaintiff, Appellant, v. WYNDHAM VACATION RESORTS, INC., Defendant, Appellee, SHAWYN MALEY, Defendant.
Prior History: [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Jay A. García-Gregory, U.S. District Judge.
Planadeball v. Wyndham Vacation Ownership, 2013 U.S. Dist. LEXIS 202060 (D.P.R., Sept. 16, 2013)
retaliation, protected conduct, adverse action, complaints, chargeback, threats, summary judgment, sales representative, prima facie case, argues, protected activity, temporal proximity, retaliation claim, co-workers, comments, message, causal, district court, medical leave, sales manager, no evidence, Anti-Discrimination, employees, contends, numbers, nexus, sales
Civil Procedure, Summary Judgment, Appellate Review, Standards of Review, Entitlement as Matter of Law, Appropriateness, Labor & Employment Law, Statutory Application, Title VII of the Civil Rights Act of 1964, General Overview, Appeals, Appellate Briefs, Reviewability of Lower Court Decisions, Discrimination, Retaliation, Burdens of Proof, Elements, Protected Activities, Adverse Employment Actions, Causation, Burdens of Proof, Nonmovant Persuasion & Proof