United States First Circuit

In a suit under 42 USC section 1983 alleging an employer's sex discrimination and retaliation in violation of the Equal Protection Clause of the Fourteenth Amendment, the district court's grant of summary judgment is affirmed where: 1) allegations regarding events occurring prior to the one-year statute of limitations period were time-barred because the plaintiff did not demonstrate that he was subjected to a hostile work environment to which the continuing violation doctrine could apply; 2) the plaintiff's retaliatory transfer claim failed because there was no evidence of actual disparate treatment; and 3) the plaintiff's claim that he was transferred on the basis of his sexual orientation failed because there was no evidence that he was treated differently than others similarly situated.

Appellate Information

• Decided 01/18/2012
• Published 01/18/2012

Judges

• Torruella

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bamily Lopez-Ortiz, Jorge Martinez-Luciano