Salgado-Candelario v. Ericsson Caribbean, Inc., Civil No. 04-2351 (ADC).
| Decision Date | 18 September 2008 |
| Docket Number | Civil No. 04-2351 (ADC). |
| Citation | 614 F.Supp.2d 151 |
| Parties | Ana Liz SALGADO-CANDELARIO, Plaintiff, v. ERICSSON CARIBBEAN, INC., et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Etienne Totti-Del-Valle, Cristina A. Fernandez-Rodriguez, Totti & Rodriguez Diaz, Hato Rey, PR, for Plaintiff.
Javier G. Vazquez-Segarra, Goldman Antonetti & Cordova, San Juan, PR, for Defendant.
Plaintiff, Ana Liz Salgado-Candelario ("plaintiff") filed this suit against Ericsson Caribbean, Inc. ("Ericsson"), Carla E. López ("López") and an unidentified insurance company (collectively, "defendants"), alleging that defendants: failed to provide her with reasonable accommodations; discriminated against her because of her disability, gender, race and national origin; retaliated against her for complaining about defendants' discriminatory conduct; and retained information and/or documentation about her stock options and deferred compensation benefit plan. Docket No. 1. Plaintiffs claims are made pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. ("ERISA"), the Civil Rights Act of 1991, 42 U.S.C. § 1981a ("section 1981a"), Puerto Rico's Law No. 80 of May 30, 1976, 29 L.P.R.A. § 185a et seq. ("Law 80"), Law No. 100 of June 30, 1959, 29 L.P.R.A. § 146 et seq. ("Law 100"), Law No. 44 of July 2, 1989, 1 L.P.R.A. § 501 et seq. ("Law 44"), Law No. 69 of July 6, 1985, 29 L.P.R.A. § 1321 et seq. ("Law 69"), Law No. 115 of December 20, 1991, 29 L.P.R.A. § 194 et seq. ("Law 115"), and Article 1802 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5141 ("Article 1802").
Now before the Court are: (1) plaintiffs objections (Docket No. 81) to the Report and Recommendation ("R & R") (Docket No. 74) issued by Magistrate-Judge Camille L. Vélez-Rivé ("Magistrate-Judge") on June 4, 2008, which recommended granting defendants' motion for summary judgment; and (2) arguments raised in defendants' motion for summary judgment, but left unaddressed in the R & R. Docket Nos. 28, 31. After reviewing the R & R, objections, pleadings, statements of fact, and exhibits, the Court adopts the R & R in part and rejects it in part. Moreover, the Court grants in part and denies in part defendants' motion for summary judgment as to the remaining claims.
Unless otherwise noted, the following relevant facts are derived from the parties' statements of fact. The facts are construed in the light most favorable to the non-moving party.
Plaintiff began working for Ericsson on January 24, 2000, as an Assistant Comptroller.1 Defendants' Statement of Uncontested Material Facts, Docket No. 28-3, ("DSUMF") at ¶ 2; Plaintiffs Opposing Statement of Material Facts, Docket No. 43-3, ("POSMF") at ¶ 2. From January 24, 2000, to February 13, 2004, plaintiff worked in Ericsson's Finance Department. Plaintiffs Separate Statement of Uncontroverted Material Facts, Docket No. 43-3, ("PSSMF") at ¶ ii; DSUMF at ¶ 3; Defendants' Reply to Plaintiffs Statement of Uncontroverted Facts ("DRSUF") at ¶ ii. During the summer of 2002, Ericsson began to eliminate certain departments and reduce its personnel. DSUMF at ¶ 7; POSMF at ¶ 7.2 During this time, Ericsson's personnel in Puerto Rico was reduced from roughly fifty employees to seventeen or eighteen. DSUMF at ¶ 8; DRSUF at ¶ 8; POSMF at ¶ 8.
In November of 2002, the Comptroller, Carmen Silva, resigned, causing plaintiff and López to assume additional responsibilities. DSUMF at ¶ 9; POSMF at ¶ 9. Additionally, both plaintiff and López had to assume additional responsibilities when Ericsson eliminated the Puerto Rico Human Resources Department. POSMF at ¶ 9; DRSUF at ¶ 9. By December of 2002, the Finance Department was composed of Carmen Santiago ("Santiago") (Finance Director), López (Assistant Comptroller) and plaintiff (Assistant Comptroller). DSUMF at ¶ 10; POSMF at ¶ 10; PSSMF at ¶ lxxiii. Santiago resigned in February of 2003. DSUMF at ¶ 12; POSMF at ¶ 12; PSSMF at ¶ lxxiv. López was named Comptroller of Ericsson in April of 2003. DSUMF at ¶ 9; POSMF at ¶ 9. According to plaintiff, López' attitude towards plaintiff changed for the worse beginning around the same time. PSSMF at ¶ v.
On April 13, 2003, Ericsson hired Orquidea Mejia ("Mejia"), through a temporary employment agency, Kelly Temporary Services ("Kelly Services"), to assist in the finance department. DSUMF at ¶ 13; POSMF at ¶ 13. Due to a lack of work, some of plaintiffs functions were transferred to Mejia. PSSMF at ¶¶ lxxxiii, lxxxiv. In April of 2003, when López became Comptroller, plaintiff was required to work longer hours. POSMF at 114; PSSMF at ¶ xxviii. The time she left work depended on the work López requested, which was usually requested after 5:00 p.m.3 POSMF at ¶ 14; PSSMF at ¶ xxviii. Plaintiff was aware of the fact that Ericsson was going through a "global structuring." DSUMF at ¶ 15; DRSUF at ¶ 15; POSMF at ¶ 15. On May 1, 2003, plaintiff met with López and Helene Ujueta ("Ujueta"), Country Manager of Ericsson, to discuss her work performance and productivity. DSUMF at ¶ 16; POSMF at ¶ 16. At around the same time, April or May of 2003, plaintiff spoke with Ujueta and expressed her concern regarding Lopez' change of attitude towards her. PSSMF at ¶ xxxvi.4
On May 20, 2003, plaintiff was diagnosed with congenital hip dysplasia. DSUMF at ¶ 17; POSMF at ¶ 17. Congenital hip dysplasia is a condition of abnormal development of the hip, resulting in hip joint instability and potential dislocation of the thigh bone from the socket in the pelvis. DSUMF at ¶ 18; POSMF at ¶ 18. On May 20, 2003, plaintiff contacted and informed López about her condition. DSUMF at ¶ 19; DRSUF at ¶ 19; POSMF at ¶ 19. On June 13, 2003, plaintiff received a written warning for violating Ericsson's internal procedures regarding absences and because she had failed to meet certain deadlines.5 DSUMF at ¶ 20; POSMF at ¶ 20. On June 25, 2003, plaintiff sent a letter to Carlson in response to the warning she had received. DSUMF at ¶ 21; POSMF at ¶ 21.6 In said letter, plaintiff expressed, amongst other things, concern with the way she was being treated by López. Docket No. 28-11.
Around the same time—June of 2003— plaintiff complained to López and Colston that the cold temperature in her workspace was affecting her health. PSSMF at ¶ xxxv.7 Because it was so cold, plaintiff asked López if she could work from home in the afternoons, so that she would not fall behind in her job. Id. at xli. López told plaintiff that she had to work the full eight hours at the office. Id. at ¶ xli. From June of 2003 onwards, plaintiff informed López of the excruciating pain that the cold temperatures in the office were causing her, and requested that López relocate her. Id. at ¶ xliii. Despite her pleas, López refused to relocate plaintiff because she claimed that the requested workstation was too far from her office, despite the fact that it was only thirty-five steps away. Id. at ¶¶ xliv, cxi, cxii; DRSUF at ¶ cxii. Because of the cold temperatures, plaintiff was forced to work with a heating pad, a blanket and two sweaters. PSSMF at ¶ xlvii. Plaintiff kept a thermometer at her desk, and it usually read sixty-five degrees. Id. at ¶ li. Further, in June of 2003, López informed plaintiff that the only person she had to express her complaints to was her. Id. at ¶ lxviii. She even instructed that plaintiff should keep in mind who was going to evaluate her. Id.
Beginning on August 8, 2003, plaintiff formally requested that Ericsson provide her with reasonable accommodations. Id. at ¶ xli. In support of said request, plaintiff sent a handwritten medical certificate from Dr. Hector Pagan to Carlson8 stating the following:
To whom it may concern:
The pt. Ana Liz Salgado has left hip dysplasia with early arthritis. Is recommended to avoid prolong sitting or standing, avoiding more than 2 hours of sitting and standing (6 to 8 hours working shifts).
DSUMF at ¶ 23; POSMF at ¶ 23. On August 29, 2003, plaintiff provided the medical certificate to López, at which time she requested that her shifts be reduced to no more than six to eight hours. DSUMF at ¶¶ 26, 27; POSMF at ¶¶ 26, 27.9
On September 4, 2003, López sent a letter to plaintiff requesting additional information regarding Dr. Pagan's recommendations and, in particular, what type of arrangement or modification Ericsson should provide to plaintiffs job functions as an accommodation, and the duration of said accommodation. DSUMF at ¶ 28; POSMF at ¶ 28. Dr. Pagan wrote a second medical certificate which stated:
Dear Mrs. López:
The patient, Ana Liz Salgado, has left hip dysplasia with early arthritis. Is recommended to avoid prolong sitting or standing (no more than 6 hours daily). It is also recommended to relocate the patient to a controlled temperature room, with an appropriate chair. Patient needs physical therapy to improve her condition.
Congenital dysplasia, also known as congenital dislocation, is a very painful condition. This condition can be treated with a Total Hip Replacement. If you have any questions or comments, please call (787) 745-1380.
Sincerely,
Hector D. Pagan Marrero, MD
DSUMF at ¶ 30; DRSUF at ¶ 30; POSMF at ¶ 30; Plaintiffs Surreply Statement of Facts, Docket No. 65-7, ("PSRSF"), at ¶ 30. Despite the invitation to do so, neither López nor Ericsson called Dr. Pagan. PSSMF at ¶ cxvii.
On September 15, 2003, López sent another letter to plaintiff in response to Dr. Pagan's medical certificate. DSUMF at ¶ 31; POSMF at ¶ 31. In said letter, López...
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