FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Pedro A. Delgado-Hernández, U.S.
Humberto Cobo-Estrella, with whom Cobo Estrella Law Office
was on brief, for appellant.
Rosado-Frontanés, with whom Schuster Aguiló LLC
was on brief, for appellees.
Howard, Chief Judge, Selya and Barron, Circuit Judges.
BARRON, CIRCUIT JUDGE.
Bonilla-Ramirez ("Bonilla") is a former employee of
MVM, Inc. ("MVM"), which is a private security
company that is based in Puerto Rico and provides security
services to the United States Immigration and Customs
Enforcement ("ICE"). Following Bonilla's
termination from MVM in 2014, she brought a variety of
federal and Puerto Rico law claims against her former
employer and other defendants in the United States District
Court for the District of Puerto Rico. The District Court
dismissed all but her claims against MVM under Title VII of
the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq.,
and related Puerto Rico laws, and then granted summary
judgment to MVM as to those claims. Bonilla now appeals that
summary judgment ruling, which we affirm.
working for MVM, Bonilla was assigned to the Luis
Muñoz Marín International Airport in San Juan,
Puerto Rico (the "airport"). Her responsibilities
included providing security for detainees in ICE custody at
ICE's detention facility in the airport.
14, 2014, Bonilla reported to her supervisor an incident at
the airport that occurred that same day and that involved a
dispute between her and another MVM employee, Abraham Ortiz
("Ortiz"). Bonilla's supervisor asked her to
produce a written account of what had occurred. In her
written statement to her supervisor, which she submitted on
June 20, Bonilla complained that Ortiz was ordering her
around, requesting that she do all of their work,
"calling [her] out for using her [personal]
cellphone," and generally acting like her supervisor.
Ortiz, for his part, sent a letter on June 18 to a supervisor
at MVM in which he complained, among other things, about
Bonilla having directed foul language toward him during the
June 14 incident.
24, three supervisors met with Bonilla and Ortiz about the
incident. One of the supervisors wrote a report following
that meeting, and MVM then looked further into the complaints
that Bonilla and Ortiz had lodged against each other. MVM
asserts that it determined from its inquiry that immediately
prior to the June 14 incident between Bonilla and Ortiz,
Bonilla had "[abandoned her post] for approximately two
hours" with another MVM employee, Alexandra Rodriguez
("Rodriguez"), who was off duty. MVM also asserts
that through this inquiry it determined, based on its
analysis of an airport security video, that while away from
her post with Rodriguez, Bonilla had engaged in conduct known
as "piggybacking," which involves following another
person through a secured door without both swiping one's
airport badge and entering one's personal code on a
keypad. Finally, MVM asserts that its inquiry showed that
Bonilla had used her personal cellphone during work hours.
24, 2014, MVM reported these findings to ICE. On July 10,
2014, MVM cited Bonilla for committing multiple
"security violations," which included abandoning
her post, using her personal cell phone, and engaging in
piggybacking. That same day, MVM gave her a verbal warning,
took away her airport badge, and notified
her that she was being reassigned to another post, not at the
August 12, 2014, Bonilla filed a charge of gender
discrimination and retaliation against MVM with the United
States Equal Employment Opportunity Commission
("EEOC"). Bonilla's EEOC charge was faxed to
MVM that same day. That evening, ICE sent an email to Jay
Vergel ("Vergel"), MVM's Operations Manager,
requesting that Bonilla be immediately removed from providing
services for ICE under its contract with MVM. Minutes after
Vergel received that email, he instructed his team to make
sure that she was "removed" that day. That same
evening, MVM called Bonilla and asked her to report to work
the next day, August 13, 2014. Bonilla did not do so, but she
did report to work on August 14, when she was informed that
she was terminated, effective August 13.
14, 2015, Bonilla filed suit against MVM and other defendants
in the District of Puerto Rico in which she brought a variety
of claims under federal and Puerto Rico law. The District
Court dismissed most of those claims, such that her only
remaining claims were her Title VII claims against MVM and
her discrimination and tort claims against that same
defendant. The District Court then granted MVM's
motion for summary judgment on these remaining claims.
now appeals the District Court's ruling granting summary
judgment to MVM as to each of Bonilla's three distinct
Title VII claims, which are for, respectively, creating a
hostile work environment, gender-based disparate treatment,
and retaliation, and as to each of her related Puerto Rico
law claims. We review a grant of summary judgment de novo,
affirming the grant of summary judgment where, drawing all
inferences in favor of the nonmoving party, the record
discloses no genuine issues of material fact and ...