Marrero v. Goya of Puerto Rico, Inc.

• Citation: 304 F.3d 7
• Decision Date: 28 August 2002
• Docket Number: No. 01-1984.,01-1984.
• Parties: Gina MARRERO, Plaintiff, Appellee, v. GOYA OF PUERTO RICO, INC., Defendant, Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (1st Circuit)

304 F.3d 7

Gina MARRERO, Plaintiff, Appellee, v. GOYA OF PUERTO RICO, INC., Defendant, Appellant.

No. 01-1984.

United States Court of Appeals, First Circuit.

Heard May 8, 2002.

Decided August 28, 2002.

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Radamés A. Torruella, with whom Maggie Correa-Avilés and McConnell Valdes were on brief, for appellant.

José F. Quetglas for appellee.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Gina Marrero filed this employment discrimination action against her former employer, Goya of Puerto Rico, Inc. (Goya), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Marrero alleged that sexual harassment by her former supervisor, Ramón Cárdenas, created a hostile work environment; that Goya retaliated against her when she complained about Cárdenas's behavior; and that, as a result of the retaliation and continuing harassment, she was forced to resign. She sought compensatory damages, back pay, and punitive damages.

The case proceeded to trial, and at the close of the evidence Goya moved for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure. Goya argued, first, that much of the alleged harassment fell outside Title VII's statute of limitations, leaving events within the limitations period that did not rise to the level of a hostile work environment. Second, Goya maintained that the evidence was insufficient as a matter of law to support Marrero's claims of retaliation and constructive discharge, and her request for punitive damages. Finally, it urged the court to enter judgment in its favor on the basis of the affirmative defense recognized in Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998), for cases involving sexual harassment by a supervisor.

The district court deferred judgment on the motion and submitted the case to the jury. After several hours of deliberations, the jury returned a verdict in Marrero's favor, awarding her $175,000 in compensatory damages, $11,250 in back pay, and $75,000 in punitive damages. Goya duly renewed its Rule 50 motion for judgment as a matter of law or, in the alternative, a new trial. This time, the district court rejected the motion, concluding that Goya had forfeited the statute of limitations defense; that there was ample evidence to support the jury's findings of a hostile work environment and retaliation, its award of back pay for constructive discharge, and the punitive damages; and that the jury reasonably concluded that Goya had not established the elements of the Faragher/Ellerth affirmative defense.

We review de novo the court's denial of Goya's motion for judgment as a matter of law. White v. N.H. Dep't of Corrections, 221 F.3d 254, 259 (1st Cir. 2000). Like the district court, we examine the evidence presented at trial in the light most favorable to Marrero. Id. We "may not consider the credibility of witnesses, resolve conflicts in testimony, or evaluate the weight of the evidence." Katz v. City Metal Co., 87 F.3d 26, 28 (1st Cir.1996) (internal quotation marks omitted). We must affirm unless "reasonable persons could not have reached the conclusion that the jury embraced." Negron-Rivera v. Rivera-Claudio, 204 F.3d 287, 290 (1st Cir.2000). We review the district court's denial of Goya's request for a new trial for an abuse of discretion, recognizing that "[a] new trial should be ordered only if the court believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice." Ramos v. Davis & Geck, Inc., 167 F.3d 727, 731 (1st Cir.1999) (internal quotation marks and alterations omitted).

We conclude that Marrero's hostile work environment claim was supported by sufficient evidence and was not barred by the statute of limitations. We also conclude that Goya was not entitled to judgment as a matter of law on the Faragher/Ellerth affirmative defense, or the issue of constructive discharge. However, we hold that the district court erred in accepting the verdict for Marrero on her claim of retaliation. Because it is impossible to determine what portion (if any) of the compensatory and punitive damages awards was based on the jury's erroneous finding of retaliation, we remand for a new trial on damages.

I. BACKGROUND

The jury could have found the following facts.¹ Marrero began work at Goya in April of 1995, where she served as a secretary in the Sales Department, under the supervision of Ramón Cárdenas, the Vice President for sales. Marrero also had duties in the Exports Department, where her supervisor was Wilberto Rivera and — later — José Luis Diaz.

Marrero was subjected to sexual harassment by Cárdenas throughout her tenure at Goya. The harassment consisted primarily of sexual comments, often accompanied by lascivious looks and offensive gestures. Cárdenas also would contrive to "bump into" Marrero in the narrow hallway between their work spaces, and on several occasions rubbed his body against hers as she used the photocopier machine.

In the summer of 1995, Marrero confronted Cárdenas about his behavior. After a brief respite, the harassment began again, now accompanied by more "vulgar" comments made "with a gross tone." In addition, Cárdenas began to criticize Marrero for work-related matters. He would scold her for no reason, sometimes yelling at her in front of other employees. On other occasions Cárdenas would startle Marrero by slapping her desk with his fist; he then would ask, "Aren't you tough? Are you scared?"

Cárdenas also used his authority to "punish" Marrero in several ways. He often gave her extra work just as she was leaving for the day, making her stay extra hours without pay for overtime. Although he was aware that she was hypoglycemic, Cárdenas changed Marrero's lunch hour so that she was forced to work for more than five hours without a break. He also used his power in more petty ways, such as refusing Marrero's requests to leave her desk to use the bathroom.

Cárdenas's conduct made Marrero feel "offended, humiliated, embarrassed, depressed." By the fall of 1995, she had become "very anxious, very nervous" at work. Marrero had difficulty concentrating; she "had to make a super-human effort" in order to perform her duties.

In December of 1995, Marrero suffered a nervous breakdown. She "couldn't function the way [she] was feeling." Her family physician prescribed antidepressants and tranquilizers, and referred her to a psychiatrist, Dr. Fernando Cabrera. Marrero met with Dr. Cabrera several times during December, 1995, and January, 1996. During her first visit, she mentioned that Cárdenas was bothering and pressuring her at work, but she did not provide any details. Dr. Cabrera described Marrero as "disorganized, confused, and unable to talk in a coherent and logical way" about what was bothering her. He diagnosed a major depression with psychotic features and a panic disorder, and recommended that Marrero take a five-week medical leave from work. During that time, he treated her aggressively with antidepressants, tranquilizers, and anti-psychotic drugs.

Marrero returned to work on February 5, 1996. She did not feel that she had recovered fully, but "needed the money" from work. She was greeted by more of the same harassment by Cárdenas. He continued to make sexual comments, and "was always getting on [Marrero's] case."

Eventually, the situation "became intolerable," and on August 15, 1996, Marrero suffered another emotional breakdown. She was taken by a Goya nurse to the emergency ward of a psychiatric hospital, and from there to Dr. Cabrera's office. Marrero told Dr. Cabrera "I cannot work anymore" and that Cárdenas was "making her feel bad." Dr. Cabrera interviewed the Goya nurse, who confirmed that it "was true, that [Marrero] was being harassed by ... Mr. Cárdenas." Dr. Cabrera issued a medical certificate to Goya excusing Marrero from work for two weeks. The certificate stated that Marrero was suffering from "depression and anxiety caused by work."

Marrero returned to work after two weeks of sick leave. Again, she was subjected to continuing harassment by Cárdenas, culminating in the events of October 31, 1996. Cárdenas told Marrero that he was going out to buy Halloween presents. He gave her "a direct penetrating look with lust," and said: "I have a little present for you that you're never going to forget and if you don't do the things I tell you and order you to do I am going to fire you." Marrero interpreted that comment as a sexual invitation, and a threat that if she did not submit, she would be fired.

Marrero immediately reported the incident to Diaz (her supervisor in the Exports Department). Marrero had discussed Cárdenas's behavior with Diaz previously, as she had with his predecessor, Rivera. She also had complained to Remigio Nieves, the Vice President of the Human Resources Department. Following the "Halloween presents" incident, Marrero sent a memo to Nieves, requesting a copy of Goya's policy on discrimination and harassment. When Nieves did not respond, Marrero decided to seek advice from the Department of Labor for the Commonwealth of Puerto Rico. She met with Nieves several days later and informed him that she planned to file a formal grievance.

Marrero went on sick leave from November 13 to 20, 1996. During that time she filed a charge of sexual harassment with the Equal Employment Opportunity Commission (EEOC) against Cárdenas and Goya. She also retained legal counsel.

Marrero returned to work on Wednesday, November 20. That morning, she met with Nieves and Goya's in-house counsel, Horacio Cabrera. The three discussed Marrero's problems with Cárdenas, and Marrero confirmed that she had...