Alaniz v. Zamora-Quezada
| Citation | 591 F.3d 761 |
| Decision Date | 21 December 2009 |
| Docket Number | No. 07-40325.,07-40325. |
| Parties | Thelma ALANIZ; Noelia Galvan Santiago; Mary E. Tipton; Angelica Solis, Plaintiffs-Appellees, v. Jorge C. ZAMORA-QUEZADA, Individually and doing business as McAllen Arthritis & Osteoporosis Center, Arthritis & Osteoporosis Centers and Jorge C. Zamora-Quezada, MD, MPH, PA, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Preston Edward Henrichson (argued), Marissa Carranza Hernandez, Law Offices of Preston Henrichson, Edinburg, TX, for Plaintiffs-Appellees.
Holly Harvel Williamson, Lit. Counsel (argued), Fran Robin Aden, Hunton & Williams, L.L.P., Simon Jonathan Garfield, Ann M.H. Stephens, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas.
Before JONES, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges.
This is an appeal from a jury verdict rendered against Dr. Jorge Zamora-Quezada (Zamora) and his clinics for sex discrimination and retaliation against four female employees. We affirm the judgments for three Appellees but reverse for insufficient evidence to support Noelia Galvan-Santiago's (Galvan) quid pro quo claim.
Dr. Jorge Zamora owns and operates an osteoporosis and arthritis practice consisting of two clinics. Four former employees, Thelma Alaniz, Galvan, Mary Tipton, and Angelica Solis, brought Title VII sexual harassment claims against Zamora and the clinics.
Alaniz worked as a receptionist at one of the clinics. She alleged that Zamora sexually harassed her on many occasions: he frequently asked her out, forced her to dance with him, and when learning she was pregnant, asked whether her husband "gave [her] the chocolate." Zamora would also call her to his office for private meetings where he would sit next to her and caress her hand while looking into her eyes and asking if she was afraid of him.
Alaniz also alleged that Zamora's father-in-law and her supervisor, Roberto Silva, consistently harassed her. Among other behaviors, Silva inappropriately stared at parts of Alaniz's body, repeatedly called her "mamacita," and suggested that she wear more revealing clothing.
Zamora's conduct worsened after Alaniz returned from maternity leave. On one occasion, he told her she was "looking pretty good" and not to get pregnant again. He also called her repeatedly to ask what color underwear she was wearing and during meetings in his office, Zamora would sometimes rub her thighs and knees. Despite Alaniz's repeated complaints to the office manager, Zamora's behavior continued. On one occasion, when Alaniz went into his office, Zamora grabbed her around the waist and kissed her on the lips.
Zamora then informed Alaniz that there were some problems with her performance but that she could keep her job if she had a sexual relationship with him. Alaniz refused and submitted a written complaint to Galvan, the human resources (HR) manager. Several days later, she initiated a complaint with the Equal Employment Opportunity Commission (EEOC).
After Alaniz missed a mandatory work meeting, Zamora instructed Galvan to issue Alaniz a written reprimand. However, before the reprimand could be given and after Zamora was informed of the EEOC complaint, he instructed Galvan to terminate Alaniz. Zamora claims Alaniz was fired for missing the meeting, poor performance and attendance, conflicts with other employees, and recruiting witnesses for a lawsuit during business hours.
Galvan was initially hired as HR manager but she claims, and Zamora disputes, that after Alaniz's termination she became an "office administrator." On one occasion, Galvan met with Zamora in his office, and he began the meeting by asking her to sit on his lap. When she refused, he explained she could make more money if she engaged in a sexual relationship with him. Zamora then inquired about Galvan's marriage and whether she found Zamora attractive or frightening. Ultimately, Galvan started crying.
The next day, Zamora announced that another individual would be assuming the position of "office administrator," thus stripping Galvan of any responsibilities she may have had in that capacity. Galvan's salary, benefits, and role as HR manager were unchanged. The following workday, Zamora reprimanded Galvan for some performance problems. The next day, he called her into his office where he informed her, in front of the office manager and the new administrator, that he was disappointed with her performance. Zamora then instructed Galvan to relinquish all of her remaining responsibilities and explained that he would take a couple of weeks to determine whether he would continue to employ her. Galvan resigned the following day.
Six months after Galvan's resignation, Zamora hired Tipton to serve as office manager. Tipton alleges that within the first week of starting her employment, Zamora gave her a hug that involved running his hands up and down her back and pushing his chest and pelvis up against hers. Although Tipton struggled to free herself, Zamora did not release her from his embrace and whispered that he knew that she would do a good job. On another occasion, Zamora tried to kiss Tipton on the lips. While in daily meetings, Zamora would caress Tipton's hand and smell her hair, noting that it smelled "really good." Zamora would also frequently ask what Tipton intended to wear the next day while biting his lower lip, invite her dancing, call her "chiquita," compliment her body, and tell her that she should wear short skirts.
On one occasion, Zamora informed Tipton she could have anything she wanted, depending on "how loyal and good she was." Another incident involved Zamora urinating in his private bathroom with the door open while Tipton was in his office and reassuring her there was no reason to come back later because he was not going to "do anything." Further, while working late with Tipton, Zamora would inquire whether her husband was a jealous man because, as he explained, Zamora was a handsome man who intimidated others.
On one occasion, Zamora told Tipton to reprimand another female employee. This employee, in turn, reported to Tipton that Zamora had sexually harassed her and that he was issuing the reprimand in retaliation. Tipton investigated these allegations and eventually reported them to Zamora, who denied the allegations and became upset about being confronted, questioning why Tipton took the allegations seriously. Tipton responded that she too felt sexually harassed by him in a similar manner, and at that time Tipton asked the HR manager to record an official sexual harassment complaint.
A few days later, Zamora called Tipton a "sexual harassment spy" at a staff meeting and warned other employees to remember that they were in the presence of an "American woman." According to Tipton, Zamora then assigned her two tasks with impossible deadlines that she failed to complete, resulting in a reprimand. The next day, Zamora told Tipton to take a few days off of work and maybe look for a new job. Zamora then promoted Solis, who was hired two days prior as Zamora's executive secretary, to office manager of one of the clinics.
The next morning, Mrs. Zamora, who was meeting with several female employees who had filed sexual harassment complaints, scheduled a meeting with Tipton. During this meeting, however, Mrs. Zamora told Tipton that Zamora requested that she leave the clinic and that the police were called to escort her. Zamora and Tipton agree that she was effectively fired at this time.
Solis also alleges that during private meetings, Zamora would place his hand over hers and caress it, while telling her not to be afraid. He also often inquired about her boyfriend. On one occasion, Zamora hugged her tightly and kissed her on the lips. Another time, Zamora offered Solis a luxurious apartment, so that he could stay there with her whenever he was in town.
On one occasion, Solis asked to speak to Zamora regarding work-related problems involving another female employee. As Zamora was on his way to South Padre Island, he suggested that Solis drive him there so they could talk on the way. During the trip, Zamora would caress Solis's hand when she placed it on the gear shifter and told her he would cancel plans with his family to be with her. He also asked to stop at her apartment. When Solis said no, Zamora proposed they go to a hotel. Solis again declined and explained that she was only interested in a professional relationship. In response, Zamora inquired why Solis could not be "extra nice" to him like some other female employees, but angrily agreed to treat her as any other employee in the future.
Solis alleged that after this incident, Zamora began unjustifiably reprimanding her. A month later, she was sent to a month-long office manager training at another clinic. Her salary was unchanged. During this training period, Solis was told that Zamora did not want her at the office. On October 17, Zamora eliminated the position of office manager and made Solis a marketing representative, again with salary and benefits unchanged. Considering this a demotion, on October 20, Solis filed a written sexual harassment complaint. The next day, Zamora fired Solis for allegedly stealing money and pharmaceuticals.
Alaniz and Galvan brought hostile work environment, quid pro quo, and retaliation claims against Zamora. Tipton and Solis later intervened. Alaniz, Tipton, and Solis submitted all three claims to the jury, while Galvan submitted only her quid pro quo claim. The jury found Zamora liable on all claims, awarding past compensatory and punitive damages.1 Additionally, the jury awarded Alaniz, Tipton, and Solis backpay damages. Zamora now appeals.
Zamora first challenges the district court's denial of his motion for judgment as a matter of law (JMOL) and his motion for a new trial. He asserts that the evidence does not support the verdict as to any of the Appellees'...
To continue reading
Request your trial
-
Equal Emp't Opportunity Comm'n v. Boh Bros. Constr. Co.
...would find severely hostile or abusive.” 15Id. at 82, 118 S.Ct. 998. This inquiry is necessarily fact-specific. See Alaniz v. Zamora–Quezada, 591 F.3d 761, 771 (5th Cir.2009). Here, the jury was well-instructed on this governing standard: For Defendant to be liable for sexual harassment, th......
-
MEDINA COUNTY ENVIRON. ACTION v. SURFACE TRANSP., 09-60108.
......We need not address this argument, as it is raised for the first time in a reply brief, see Alaniz v. Zamora-Quezada, 591 F.3d 761, 777 (5th Cir.2009) (citing Peteet v. Dow Chem. Co., 868 F.2d 1428, 1437 (5th Cir.1989)), but in any event, this ......
-
Gerald v. Locksley
...... against plaintiff who was, among other things, placed on paid leave, because the plaintiff failed to establish an adverse employment); Alaniz v. Zamora-Quezada , 591 F.3d 761, 773 (5th Cir. 2009)("[P]lacing [the employee] on paid leave -- whether administrative or sick -- was not an adverse ......
-
Equal Emp't Opportunity Comm'n v. Boh Bros. Constr. Co., 11-30770
...position would find severely hostile or abusive."15 Id. at 82. This inquiry is necessarily fact-specific. See Alaniz v. Zamora-Quezada, 591 F.3d 761, 771 (5th Cir. 2009). Here, the jury was well-instructed on this governing standard: For Defendant to be liable for sexual harassment, the con......
-
Defendant's Prior Acts
...of other parties was highly probative to operating a systemic pattern of discrimination at the clinics. Alaniz v. Zamora Quezada , 591 F.3d 761 (5th Cir. 2009). Seventh Circuit Plaintiff was a teacher at a junior high school. The principal of the school, Booth, made unwanted sexual advances......
-
Sexual Harassment
...the degree to which the conduct unreasonably interferes with an employee’s work performance, among other things. Alaniz v. ZamoraQuezada, 591 F.3d 761, 771 (5th Cir. 2009); Twigland Fashions, Ltd. v. Miller, 335 S.W.3d 206, 220 (Tex. App.— Austin 2010, no pet.). For example, in Soto v. El P......
-
Testimonial Evidence
...no action was taken, or that an employees’ decision to investigate a harassment claim resulted in retaliation. Alaniz v. Zamora Quezada , 591 F.3d 761 (5th Cir. 2009). Plaintiff alleged that Jackson State University and several of its employees violated Title VII by firing her in retaliatio......
-
Sexual Harassment
...the degree to which the conduct unreasonably interferes with an employee’s work performance, among other things. Alaniz v. ZamoraQuezada , 591 F.3d 761, 771 (5th Cir. 2009); Twigland Fashions, Ltd. v. Miller , 335 S.W.3d 206, 220 (Tex. App.— Austin 2010, no pet.). For example, in Soto v. El......