Del Valle Fontanez v. Aponte

1 Citing brief

  1. Macfarlane v. Fivespice Llc

    Motion for Summary Judgment . Oral Argument requested.

    Filed June 29, 2017

    Plaintiff’s Complaint cites to ORS 659A.030, and 42 U.S.C. § 2000(e), but neither of those statutes provides a generic cause of action for “wrongful termination” based on a plaintiff’s “exercise of rights of public importance related to her role as an employee.”58 Based on the Amended Complaint’s language and the failure to cite to any 57 See also Del Valle Fontanez v. Aponte, 660 F. Supp. 145, 146-47, 149 (D.P.R. 1987) (finding a single incident where defendant "pressed [plaintiff] against the door with his body" and plaintiff "felt defendant's erect sexual organ against her body" twice in a five minute period not severe or pervasive enough to create a hostile working environment); see also Saxton v. American Tel. & Telegraph Co., 10 F.3d 526, 528, 534 (7th Cir. 1993) (finding insufficient harassment to constitute a hostile work environment where plaintiff was rubbed and kissed on one occasion, and resisted an attempted groping on another); LeGrand v. Area Resources for Community & Human Services, 394 F.3d 1098, 110-1102 (8th Cir. 2005) (no severe or pervasive harassment where the following “isolated incidents” occurred over a nine-month period: a priest with whom the plaintiff worked kissed the plaintiff on the mouth, grabbed the plaintiff’s buttocks, reached for plaintiff’s genitals, and suggested that the plaintiff engage in sexual activity with him); Zetwick v. Cty. of Yolo, 66 F. S