Montes v. Cooperativa De Seguros Multiples

Decision Date28 September 2001
Docket NumberNo. 99-2158.,99-2158.
Citation169 F.Supp.2d 5
CourtU.S. District Court — District of Puerto Rico
PartiesSheira Cruz MONTES, et al, Plaintiffs, v. COOPERATIVA DE SEGUROS MULTIPLES DE PUERTO RICO ("COSVI"), Defendant.

Antonio M. Cuevas-Delgado, Cuevas, Kuinlam & Bermudez, Banco de Ponce, Hato Rey, PR, for defendant.

Rafael Cuevas-Kuinlam, Hato Rey, PR, for defendant.

Charles S. Hey-Maestre, San Juan, PR, for plaintiff.

ORDER

DOMINGUEZ, District Judge.

The above captioned case is a claim by Co-Plaintiff Sheira Cruz Montes against her former employer, Cooperativa de Seguros. Multiples de Puerto Rico, alleging sexual harassment under federal law (42 U.S.C. §§ 2000e et. seq.) and state law (20 P.R. LAWS ANN. §§ 146, et seq.; 25 P.R. LAWS ANN. §§ 1321, et seq.; and 25 P.R. LAWS ANN. §§ 155, et seq.).

The employer has moved for Partial Summary Judgment (Docket # 19). Defendant asserts two principal claims: (A) because the doctrine of "continuing violation" is not applicable here, all allegations of sexual harassment and discrimination occurring before May of 1996 should be dismissed because said acts have occurred outside the three hundred (300) day period to file a charge with the EEOC; and (B) the allegations regarding acts of reprisal should be dismissed because Plaintiffs have failed to demonstrate a causal connection between protected conduct and adverse acts. Plaintiffs' Opposition (Docket # 23) was timely filed given the extension of time granted by the Court during a Scheduling Conference on November 14, 2000 (the day the Opposition should originally have been submitted). Defendant submitted a Reply to Plaintiffs' Opposition (Docket # 24) and Plaintiffs returned volley with a Surreply (Docket # 25); the Court granted leave for both during the November 14, 2000, Scheduling Conference.

During a Status Conference held on April 27, 2001, the Court denied Defendant's claim (B) above, stating: "...Plaintiffs' retaliation claims and certain incidents allegedly illustrative of a hostile work environment will survive resolution of dispositive motions." See Minutes of Proceedings from April 27, 2001 (Docket # 26). Thus we have claim (A) remaining, which is resolved herein below.

Summary Judgment

The standard for summary judgment has been revisited by the First Circuit Court of Appeals on several occasions. Serapion v. Martinez, 119 F.3d 982, 986 (1st Cir.1997) (citing McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995), collecting cases). A court may grant summary judgment only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED. R.CIV.P. 56(c).

To determine whether these criteria have been met, a court must pierce the boilerplate of the pleadings and carefully review the parties' submissions to ascertain whether they reveal a trial worthy issue as to any material fact. Perez v. Volvo Car Corporation, 247 F.3d 303, 310 (1st Cir.2001); Grant's Dairy - Maine, LLC v. Comm'r of Me. Dep't of Agric., Food & Rural Res., 232 F.3d 8, 14 (1st Cir.2000); Cortes-Irizarry v. Corporacion Insular, 111 F.3d 184, 187 (1st Cir.1997). In applying this screen, the court must construe the record and all reasonable inferences from it in favor of the nonmovant (i.e., the party opposing the summary judgment motion). Suarez v. Pueblo Int'l, Inc., 229 F.3d 49, 53 (1st Cir.2000). An absence of evidence on a critical issue weighs against the party — be it the movant or the nonmovant — who would bear the burden of proof on that issue at trial. Perez, supra; see also Torres Vargas v. Santiago Cummings, 149 F.3d 29, 35-36 (1st Cir.1998); Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990).

A fact is deemed "material" if the same "potentially affect[s] the suit's determination." Id. "An issue concerning such a fact is `genuine' if a reasonable factfinder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment, could resolve the dispute in that party's favor." Cortes-Irizarry, supra.

Defendant, of course, must not only show that there is "no genuine issue of material facts," but also, that he is "entitled to judgment as a matter of law." Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997). Further, the court is required to examine the record "drawing all reasonable inferences helpful to the party resisting summary judgment," Cortes-Irizarry, supra, at 187. There is "no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails, no room for the judge to superimpose his own ideas of probability and likelihood. ..." Greenburg v. Puerto Rico Maritime Shipping Auth., 835 F.2d 932, 936 (1st Cir.1987). "[E]ven in cases where elusive concepts such as motive or intent are at issue, summary judgment may be appropriate if the nonmoving party rests merely upon conclusory allegations, improbable inferences, and unsupported speculation." Ayala-Gerena v. Bristol Myers-Squibb Co., 95 F.3d 86, 95 (1st Cir.1996). The facts must be examined under the above criteria because on a potential appeal the appellate court examines "the undisputed facts in the light most congenial to the appellants and adopts their version of any contested facts which are material to our consideration of the issues." Vega-Rodriguez, supra, at 178.

Factual Summary

The Court herein provides the factual scenario combining clearly undisputed facts (such as the date Ms. Cruz was hired) with all reasonable inferences from potentially disputed facts helpful to the party resisting summary judgment. Cortes-Irizarry, supra, at 187.

Co-Plaintiff, Sheira Cruz, was employed by Defendant on December 26, 1994 as a "clerk" through a temporary contract. Ms. Cruz initially became interested in the position through conversations she had with Ms. Evelyn Burgos, the Defendant's Director of Human Resources. Ms. Cruz knew Ms. Burgos because the latter was a patron at the former's prior place of employment, a beauty salon.

In late December of 1994, when Ms. Cruz started her employment, she received copies of the Defendant's Personnel Manual and Policy Against Sexual Harassment (evidenced by her signed receipt). When her temporary status expired, she was retained in a regular position (still as a clerk), subject to a probationary period. On May 2, 1995, she was informed that she had passed her probationary period.

During her employment she was supervised by Mrs. Ivette Rodríguez and Mr. Victor Acosta, who both reported to Mr. Luis Toledo.

Shortly after beginning her employment, in early 1995 Ms. Cruz was approached by Mr. Andrés Rodríguez, who was Assistant to the Vice-President of Defendant's Medicare Division (it may be inferred that Ms. Cruz was under the impression that Mr. Rodríguez was a Vice-President). Mr. Rodríguez asked her to apply for a secretarial position in his office. During an interview for this position, Mr. Rodríguez asked her numerous questions which Ms. Cruz considered offensive, even after Ms. Cruz objected to the questions. The objectionable questions were asked as to Plaintiff's marital status and other aspects about her personal life. As apparently Ms. Cruz was a model, or Mr. Rodríguez asked her whether she was and she responded affirmatively, Mr. Rodríguez also asked her whether she would model in the nude.

Ms. Cruz became very upset about the questions, and immediately went to complain to Ms. Burgos (the Defendant's Director of Human Resources).

The interview was followed by numerous and frequent telephone calls by Mr. Rodríguez to Ms. Cruz at her workplace, as well as invitations to date and other unwanted advances. According to Ms. Cruz, these all occurred during the first couple weeks after the interview (January of 1995), and then again after she returned from maternity leave (prior to May 6 of 1996, because the incidents were described in a handwritten statement signed by Ms. Cruz and dated May 6, 1996).

Plaintiffs state that throughout 1995 and 1996 Ms. Cruz complained to Ms. Burgos about the sexual harassment, and Ms. Burgos discouraged her from complaining. Ms. Burgos allegedly told Ms. Cruz that the acts she complained of were not actually sexual harassment; further, Ms. Burgos dismissed Ms. Cruz's complaint by stating they were misunderstandings created by the physical attractiveness of Ms. Cruz. Ms. Cruz notes she followed her advice.

Later (though unclear exactly when from the record), insulting and offensive comments were also made to Ms. Cruz regarding her dressing habits by Ms. Burgos. It is alleged that Ms. Burgos even asked her whether Ms. Cruz was wearing underwear, and physically examined her to that end.

Later in 1995 (again, exact date not apparent), Ms. Cruz, while pregnant, requested a slight modification of her work hours (to start and leave 30 minutes early) to accommodate classes. This request was denied, such denial attributed by Ms. Cruz to the hostile work environment against her (supported by her explanation that the request had been granted to fellow employees similarly situated).

Ms. Cruz returned from maternity leave on February 28, 1996. Upon her return to work, she once again suffered a variety of reprisals and a hostile work environment (denial of the ability to extract breast milk, transfer to isolated cubicle, denial of pay raise, and others). Immediately upon her return she was harassed again by Mr. Rodríguez. On one occasion Mr. Rodríguez asked Ms. Cruz, in front of Ms. Cruz's mother, when the two of them were going to go out on another date.

Ms. Cruz again complained to H.R. Director Ms. Burgos, who finally noted she would speak with Mr. Rodríguez. In May of 1996, apparently Ms. Cruz complained once again to Ms. Burgos, because the...

To continue reading

Request your trial
1 cases
  • Alvarez v. Delta Airlines, Inc.
    • United States
    • U.S. District Court — District of Puerto Rico
    • 17 Mayo 2004
    ...607; Sabree v. United Brotherhood of Carpenters & Joiners, 921 F.2d 396, 401-02 (1st Cir.1990); Cruz Montes v. Cooperative De Seguros Multiples, 169 F.Supp.2d 5, 12 (D.Puerto Rico 2001). Regarding harassment claims in particular, be they sexual harassment or harassment based on any other pr......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT