Where a defendant employer was awarded summary judgment on a plaintiff’s claims of sex discrimination and retaliation, that judgment should be affirmed because the plaintiff (1) was not qualified for a promotion she did not receive and (2) has not shown that a reasonable jury could conclude that her internal sex discrimination complaint was the but-for cause of her termination.
“This is an employment discrimination case brought by an employee who displayed disruptive behavior in the workplace, was denied a promotion for not meeting the qualifications for the job position, and ultimately was dismissed, with the employer citing her pattern of malperformance. Plaintiff-Appellant Rosa López-Hernández (‘López-Hernández’ or ‘Appellant’) sued Defendant-Appellee Terumo Puerto Rico LLC (‘Terumo’) alleging gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (‘Title VII’) and related claims under Puerto Rico law. The district court granted Terumo’s motion for summary judgment, López-Hernández appealed. We affirm. …
“López-Hernández claims that she was discriminated against on the basis of sex in two contexts. First, she was not selected for a promotion and, close in time, Rafael Benítez (‘Benítez’), Operations Director at Terumo, allegedly made comments about not liking her and about not being used to working with women. Second, she was terminated from her employment several months after complaining...
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