Soler v. Tyco Electronics, Inc.

• Decision Date: 16 June 2003
• Docket Number: No. CIV. 02-1185(PG).,CIV. 02-1185(PG).
• Citation: 268 F.Supp.2d 97
• Parties: Edgardo SOLER, et al., Plaintiffs, v. TYCO ELECTRONICS, INC., Defendant.
• Court: U.S. District Court — District of Puerto Rico

268 F.Supp.2d 97

Edgardo SOLER, et al., Plaintiffs, v. TYCO ELECTRONICS, INC., Defendant.

No. CIV. 02-1185(PG).

United States District Court, D. Puerto Rico.

June 16, 2003.

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Anibal Escanellas-Rivera, San Juan, PR, for Edgardo Soler, Madeline Myrna Rodriguez-Giron, Conjugal Partnership Soler-Rodriguez, plaintiffs.

Pedro J. Torres-Diaz, McConnell Valdes, San Juan, PR, for Tyco Electronics, Companies A, B, C, defendants.

OPINION AND ORDER

PEREZ-GIMENEZ, District Judge.

Before the Court is Defendant Tyco Electronics, Inc.'s Motion for Summary Judgment, (Def.'s Mot. Summ. J., Docket No. 23), and Plaintiffs' Opposition to the Motion for Summary Judgment, (Pls.'s Opp'n Mot. Summ. J., Docket No. 29). For the reasons set forth below, Defendant's Motion for Summary Judgment is GRANTED.

BACKGROUND

Plaintiffs, Edgardo Soler, Madeline Rodriguez, and their Conjugal Partnership, filed this suit against Defendant Tyco Electronics, Inc. on February 7, 2002. (Compl., Docket No. 1). Plaintiffs brought forth causes of actions for discrimination, harassment, and unjustified dismissal under the Americans with Disabilities Act, the Age Discrimination in Employment Act, Puerto Rico Law 44, Puerto Rico Law 100, Puerto Rico Law 80, and Article 1802 of the Puerto Rico Civil Code. (Compl, at 9-10).

Plaintiff Edgardo Soler developed cardiovascular problems that lead to a heart attack and by-pass surgery in June, 1998. The heart surgery was successful and after a month-long absence Mr Soler returned to his position as sales representative in Tyco Electronics. After the surgery, however, Mr. Soler developed physical limitations that, he claims, have substantially limited his ability to perform basic life activities. In the three years after returning to work, Mr. Soler was allegedly the victim of a harassment and discrimination campaign by the Defendant. This campaign included age and disability-based derogatory comments and other actions of harassment, and culminated in Mr. Soler's dismissal in March, 2001. Plaintiffs claim that the decision to fire Plaintiff Soler was based on his age—he was fifty-one years old—and his disability.

SUMMARY JUDGMENT STANDARD

"One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is appropriate where "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). A genuine issue is one that is dispositive and must be resolved at trial because a reasonable jury could resolve in favor of the non-moving party. Arvelo v. American International Insurance Co., 875 F.Supp. 95, 99 (D.P.R.1995). A fact is material if under applicable substantive law it may affect the result of the case. See Ortega-Rosario v. Alvarado-Ortiz, 917 F.2d 71, 73 (1st Cir.1990).

The party moving for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. Once a moving party has made a showing that there is no genuine issue of material fact, the burden shifts to the non-moving party to demonstrate that a trial worthy issue remains. See Cadle Co. v. Hayes, 116 F.3d 957, 960 (1st Cir.1997); Borschow Hosp. & Med. Supplies Inc., v. Cesar Castillo, Inc., 96 F.3d 10,14 (1st Cir.1996). The non-moving party must set forth specific facts in proper evidentiary form substantiating that a genuine factual issue exists for trial. Nevertheless, in determining whether summary judgment is warranted, the court views the facts alleged in the light most favorable to the non-moving party and must indulge all inferences in favor of that party. Rossy v. Roche Products, Inc., 880 F.2d 621, 624 (1st Cir.1989).

DISCUSSION

ADA Discrimination Claims

The Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213 (2002), was enacted "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." 42 U.S.C. § 12101. In addressing discrimination in the employment, the statute provides as follows:

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

42 U.S.C. § 12112(a).

To establish a claim of discrimination under the ADA a plaintiff must establish: "(1) that he or she suffers from a `disability' within the meaning of the Act; (2) that he or she was able to perform the essential functions of the job, either with or without reasonable accommodation; and (3) that the employer discharged him or her in whole or in part because of that disability." Feliciano v. Rhode Island, 160 F.3d 780, 784 (1st Cir.1998). Plaintiffs may also pursue their ADA discrimination claim indirectly through the burden-shifting framework developed in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Katz v. City Metal Co., 87 F.3d 26, 30 n. 2 (1st Cir.1996). Under this framework, as adapted to ADA claims, a plaintiff must first prove, by a preponderance of the evidence, that he or she:

"(i) has a disability within the meaning of the Act; (ii) is qualified to perform the essential functions of the job, with or without reasonable accommodations; (iii) was subject to an adverse employment action by a company subject to the Act; (iv) was replaced by a non-disabled person or was treated less favorably than non-disabled employees; and (v) suffered damages as a result."

Jacques v. Clean-Up Group, Inc., 96 F.3d 506, 511 (1st Cir.1996). The disability requirement can be met in one of three ways: (1) "a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual"; (2) "a record of such an impairment"; or (3) "being regarded as having such an impairment." 42 U.S.C. § 12102(2). Existence of Physical or Mental Impairment

To prove disability under the first prong, courts must first determine whether the plaintiff has a physical or mental impairment, and then determine whether it substantially limits his or her ability to engage in major life activities. See Santiago Clemente v. Executive Airlines, 7 F.Supp.2d 114, 117 (D.P.R.1998); see also Rodriguez v. Loctite P.R. Inc., 967 F.Supp. 653, 659 (D.P.R.1997) ("An illness cannot in and of itself be considered an impairment. Only its symptoms and/or ramifications actually limit the inflicted person's ability to perform major life activities."). Because both parties agree that Mr. Soler's heart condition qualifies as an physical impairment, (Def.'s Mot. Sum. J., at 9), the Court concentrates on whether major life activities are being substantially limited.

"Major life activities" are described as "activities that are of central importance to daily life." Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184, 197, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002). Basic abilities such as walking, seeing, and hearing fall under this category. Id. at 196, 122 S.Ct. 681. Manual tasks are included only if they constitute "activities that are of central importance to most people's daily lives." Id. at 197, 122 S.Ct. 681. A medical diagnosis is insufficient to prove that an impairment is substantially limiting a major life activity; plaintiffs must present "evidence that the extent of the limitation [caused by the impairment] in terms of their own experience is substantial." Id. at 197-98, 122 S.Ct. 681. "`[S]ubstantially' in the phrase `substantially limits' suggests `considerable' or `to a large degree.' The word `substantial' thus clearly precludes impairments that interfere in only a minor way with the performance of manual tasks from qualifying as disabilities." Id. at 196-97, 122 S.Ct. 681. The impairment must be long-term or potentially long-term to be substantially limiting. See Katz. 87 F.3d at 31. Determining if a person has a disability under the ADA is an individualized inquiry. See Sutton, 527 U.S. at 483, 119 S.Ct. 2139; Katz, 87 F.3d at 32.

Plaintiffs claim that Mr. Soler has been "practically unable to engage in physical activities, among these walking," because his legs "get swollen up" and immobilized by cramps. (Pis.' Opp'n Mot. Sum. J., Ex. 1, ¶ 39). He is thus forced to stop and raise his legs to ease blood circulation. (Pls.' Opp'n Mot. Sum. J., Ex. 1, ¶ 39). Mr. Soler allegedly has not been able to engage in sexual relations with his wife, or to engage in any type of exercise, such as running. (Pls.' Opp'n Mot. Sum. J., Ex. 1, ¶¶ 40-41). He cannot lift heavy objects, and received specific instructions not to lift objects heavier than forty pounds. (Pls.' Opp'n Mot. Sum. J, Ex. 1, ¶ 43). Nor can he drive long distances: whenever he drives, he must make "several stops in order to stretch out, and thus try to avoid [his] leg cramps." (Pls.' Opp'n Mot. Sum. J., Ex. 1, ¶ 45). Finally, Mr. Soler claims that he cannot perform activities such as washing his car, bathing his dog, taking care of his lawn, helping with house chores, or playing with his children. (Pls.' Opp'n Mot. Sum. J., Ex. 1, ¶ 42).

The inability to perform tasks such as washing cars, taking care of the back yard, playing with children, and driving long distances does not amount to such severe restrictions to qualify as major life...