Mercado Cordova v. Walmart Puerto Rico, Inc.

• Decision Date: 29 March 2019
• Docket Number: Civil No. 16-2195 (ADC)
• Citation: 369 F.Supp.3d 336
• Parties: Angie MERCADO CORDOVA, et al., Plaintiff, v. WALMART PUERTO RICO, INC., et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

369 F.Supp.3d 336

Angie MERCADO CORDOVA, et al., Plaintiff,

v.WALMART PUERTO RICO, INC., et al., Defendants.

Civil No. 16-2195 (ADC)

United States District Court, D. Puerto Rico.

Signed March 29, 2019

Jeannette M. Lopez, Oliveras & Ortiz, PSC, Michelle Pirallo-Di Cristina, Michelle Pirallo-Di Cristina Law Offices, San Juan, PR, for Plaintiff.

Andres C. Gorbea-Del Valle, Mariela Rexach-Rexach, Schuster Aguilo LLC, San Juan, PR, for Defendant.

OPINION AND ORDER

AIDA M. DELGADO-COLÓN, United States District Judge

Plaintiff Angie Mercado Córdova ("Mercado" or "plaintiff") filed a complaint against defendants Walmart Puerto Rico, Inc., and Sam's Club ("Walmart," "defendant" or "the company")¹ alleging unlawful discrimination, retaliation, and unjust dismissal in violation of numerous federal and Commonwealth of Puerto Rico ("Commonwealth") laws. ECF No. 1 . Specifically, plaintiff brought claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12117 et seq ., and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). Id. Plaintiffs also invokes this Court's supplemental jurisdiction over violations of the following laws: Act No. 100 of June 30, 1959, P.R. Laws Ann., tit. 29, § 146 et seq. ("Law 100"); Act No. 115 of December 21, 1991, P.R. Laws Ann., tit. 29, § 194 et seq . ("Law 115"); and Act No. 80 of May 30, 1976, as amended, 29 P.R. Laws Ann., tit. 29, § 185a et seq. ("Law 80"). Id. In essence, Mercado seeks monetary and declaratory relief as compensation for Walmart's alleged failure to reasonably accommodate her alleged disability, retaliation against her for engaging in protected conduct; and unjust dismissal in violation of the aforementioned statutes. Id.

Before the Court are defendant's (i) motion for summary judgment (ECF Nos. 39, 43 ); (ii) statement of uncontested facts (ECF No. 39-1 ); (iii) memorandum of law in support thereof (ECF No. 41 ); (iv) reply brief (ECF No. 51 ); and (v) responses to plaintiff's statement of additional uncontested material facts (ECF No. 52 ); as well as plaintiffs' (vi) memorandum of law in opposition (ECF No. 46 ); (vi) counterstatement of contested material facts and plaintiff's statement of additional uncontested material facts (ECF No. 47 ); and (vii) sur-reply brief (ECF No. 55 ). For the reasons discussed below, Walmart's motion for summary judgment is GRANTED IN PART AND DENIED IN PART .

I. Factual and Procedural Background

Unless otherwise noted, the following relevant facts are derived from defendant's statement of uncontested facts, plaintiffs' responses and objections thereto, supporting exhibits, and the record as a whole. Moreover, consistent with the summary judgment standard, the Court states the facts in the light most favorable to plaintiffs, the non-moving party. See Iverson v. City of Boston , 452 F.3d 94, 98 (1st Cir. 2006).

Mercado began to work for Walmart in August 2010 as Assistant Manager at the Sam's Club store located in Caguas, Puerto Rico. ECF No. 39-1 at 3. She was transferred to the Humacao store in May 2011 upon her request. Id. Sam's Club is a chain of membership-only retail warehouse clubs owned and operated by Walmart that sells most of its merchandise in bulk and directly off pallets. Id. at 1. The clubs are arranged warehouse-style, with merchandise stocked in steel bins. Products sold include apparel, food, jewelry, electronics, and collectibles. Id. Each Sam's Club in Puerto Rico has a Manager and several Assistant Managers who, in turn, are in charge of the different store departments. Id. at 5. At the Humacao store, Mercado was assigned first to the grocery department and then to the receiving department, and had Team Leaders and Associates work under her. Id. ; ECF No. 47 at 2.

The job description of Assistant Manager proffered by the company contains a list of duties and competencies. ECF No. 43-9 . It also contains a list of "physical activities [that] are necessary in order to perform one or more of the essential duties of this position." Id. As discussed below, one of the required physical activities underlies the central factual and legal issues in this case—lifting merchandise and supplies that weight twenty-five pounds or less without assistance. Id.

From December 2013 to January 2015, Walmart granted various leaves of absence to Mercado that amounted to over 200 days, during which Mercado received from Walmart, salary continuation and family health plan coverage, among other employee welfare benefits. ECF Nos. 39-1 at 22; 39-6 at 79-81, 88-108. Said leaves were related to an emotional condition and personal problems comprising an abusive relationship, the loss of custody of her two daughters, and a suicide attempt. Id. According to plaintiff, she stopped suffering from said emotional condition after she regained custody of her daughters around July or August 2014. ECF No. 39-6 at 78. Mercado also suffered, starting in 2009, from herniated discs, which caused her pain. ECF No. 47 at 4. She received successful medical treatment and did not suffer from it again until December 2014. Id. ; ECF No. 39-6 at 61-64. By then, she "had difficulty walking and the pain radiated to her lower back in such intensity" that by January 2015, "she ended up in a wheelchair." ECF Nos. 39-1 at 7; 39-6 at 64-68; 47 at 4.

On January 22, 2015, Dr. Luis Pío Sánchez-Caso ("Dr. Sánchez"), plaintiff's orthopedic-spine surgeon, issued a medical certificate indicating that he evaluated Mercado and diagnosed her with herniated lumbar discs and degenerative disc disease. ECF No. 39-1 at 7. He further informed that she needed disc-implant spine surgery, and "that Mercado's recovery period after the surgery would last a minimum of three (3) months and up to one year." Id. at 7-8. Surgery was performed on February 6, 2015, and Mercado was on leave of absence with benefits from December 23, 2014, until her return to work from surgery convalescence on May 16, 2015. Id.

Upon her return to work in May 2015, Mercado submitted to Walmart a medical certificate by Dr. Sánchez indicating that Mercado could return to work with the following limitations: "[s]he cannot carry or push objects over 10 pounds. She cannot remain standing or seated for more than two hours without 10-15 minute rest periods." ECF Nos. 39-1 at 8; 43-12 at 2. Mercado was reinstated and worked as Assistant Manager of the receiving department from May 16 until around May 28, 2015, when she submitted a second medical certificate of that same date from Dr. Sánchez stating as follows: "my patient is unable to return to work until further notice. She was referred to [a] physiatrist for evaluation and physical therapy including aquaerobics. Also need home[ ]rest and prescription. Angie Mercado needs to finish this therapy for her well being." ECF Nos. 39-1 at 9; 39-26 . Dr. Sánchez also informed that Mercado's next follow-up medical visit would be on July 9, 2015, when he would determine her return-to-work date. Id. Upon Walmart's receipt Dr. Sánchez's medical certificate of May 28, 2015, Vanessa García ("García"), People's Manager at Sam's Club in Humacao, gave Mercado a reasonable accommodation form and a medical questionnaire to complete in relation to her back condition and the related physical limitations indicated by Dr. Sánchez. ECF No. 39-1 at 9; see also ECF No. 43-13 .

On June 15, 2015, Mercado submitted the completed request for accommodation form and medical questionnaire, the latter signed by Dr. Sánchez. Id. In the request for accommodation form, Mercado informed that she continued to suffer from "continuous back pain when walking for prolonged periods of time and when bending down to lift objects." Id. Moreover, Dr. Sánchez indicated that "Mercado was physically restricted from lifting/carrying objects weighing more than ten (10) pounds, and recommended that she did not work more than eight (8) hours per day." Id.

On July 9, 2015, Dr. Sánchez issued another certificate informing that Mercado could return to work with the aforementioned restrictions, in addition to "not sitting down or standing up for more than two (2) hours without resting periods of 10-15 minutes. ECF Nos. 39-1 at 9; 43-14 . Mercado returned to work on or around July 13, 2015, even though her request for reasonable accommodation remained pending.

On August 4, 2015, Walmart issued its final determination regarding Mercado's request for reasonable accommodation, informing her that:

The Accommodation Service Center (ASC) has completed review of your Request for Accommodation. However, we are unable to accommodate you in your current position because your restrictions prevent you from performing one or more essential job functions. An Assistant manager is required to be able to lift items weighing up to twenty-five pounds without assistance, while your health care provider states that you cannot lift over ten pounds. Unfortunately, there is no reasonable accommodation that would enable you to perform the essential functions of your job. Therefore, the Company would like to offer an alternative accommodation of reassignment. The company will conduct a search on your behalf for a suitable open position (lateral or below your pay grade) in your facility for which you are qualified and can perform within your restrictions, either with or without reasonable accommodation. You may, however, also apply for promotional transfer opportunities, or position in other facilities, that you can perform within your restrictions, either with or without a reasonable accommodation .... If a suitable position is currently available, you will be offered the position. However, if there is no suitable position immediately vacant you will be placed on personal leave while we continue the job search.

ECF No. 39-1 at 9-10.

According to Mercado, García and General Manager José Ayerdi ("Ayerdi") met with Mercado on August 10, 2015, to discuss the notice and final determination. ECF Nos. 39-1, 39-6 at 129-130....