Torres-Alman v. Verizon Wireless Puerto Rico, Inc.
| Decision Date | 13 November 2007 |
| Docket Number | Civil No. 06-1967(JAG/MEL). |
| Court | U.S. District Court — District of Puerto Rico |
| Parties | Ana Julia TORRES-ALMÁN, Plaintiff v. VERIZON WIRELESS PUERTO RICO, INC.; Verizon Information Services-Puerto Rico Inc., S. En C.; Axesa Servicios De Information, S. En C., Defendants. |
Anibal Escanellas-Rivera, Escanellas & Juan, San Juan, PR, for Plaintiff.
Jorge A. Antongiorgi, Miguel A. Rivera-Arce, Maralyssa Alvarez-Sanchez, McConnell Valdes, San Juan, PR, for Defendants.
On September 26, 2006, plaintiff Ana Julia Torres-Almáan ("Torres") filed the complaint in this case pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213, the Age Discrimination in Employment Act, as amended, ("ADEA"), 29 U.S.C. §§ 621-634, and the Civil Rights Act of 1964 and 1991, as amended ("Title VII"), 42 U.S.C. §§ 2000e-2000e-15, against: (1) Verizon Wireless Puerto Rico, Inc.; (2) Verizon Information Services-Puerto Rico, Inc., S. en C.; and (3) Axesa Servicios de Información, S. en C. ("Axesa"). Torres claims discrimination by age and disability, as well as by her association with a disabled person. Torres also claims denial of a reasonable accommodation, retaliation due to her opposition and participation against defendants' alleged unlawful employment practices, and violation of her civil rights. Docket No. 1. Additionally, Torres requests the court to exercise its supplemental jurisdiction over state law claims pursuant to Law Num. 80 of May 30, 1976, as amended, P.R. Laws Ann., tit. 29, §§ 185(a)-185(m) ("Law 80"); Law Number 44 of June 2, 1985, as amended, P.R. Laws Ann., tit. 1, §§ 501-511(b) ("Law 44"); and Law 100 of June 30, 1959, as amended, P.R. Laws Ann., tit. 29, §§ 146-151 ("Law 100").1
On September 21, 2007, Axesa moved for summary judgment on Torres's claims. Docket Nos. 33-34. On October 23, 2007, Torres opposed the request for summary judgment. Docket No. 42. Axesa replied on November 2, 2007. Docket Nos. 53-54.
The following material facts are not in genuine issue or dispute pursuant to the stipulations and supporting evidence submitted by the parties:
1. Axesa is a company authorized to do business in the Commonwealth of Puerto Rico. Docket No. 34, ¶ 1; Docket No. 42, "Plaintiff's Statement of Contested and Uncontested Facts in Support of her Opposition to Defendant's Motion for Summary Judgment" ("SCUF"), ¶ 1.
2. Axesa is a company with local offices at San Roberto Street, Río Piedras, Puerto Rico, which publishes the "Yellow Pages" book, the "Mobile Guide," the "Business Register," "Places To Go," "Bienvenidos," as well as two other electronic products. Docket No. 34, ¶ 2; Docket No. 42, SCUF, ¶ 1.
3. Axesa was formerly known as Verizon Information Services-Puerto Rico, Inc., S. en C. Docket No. 34, ¶ 3; Docket No. 42, SCUF, ¶ 1.
4. Torres was born on May 14, 1965. Docket No. 34, ¶ 4; Docket No. 42, SCUF, ¶ 1.
5. Torres has eleven brothers and sisters. Three of her brothers and sisters live in the United States and the remaining eight live in Cayey, Puerto Rico. Docket No. 34, ¶ 5; Docket No. 42, SCUF, ¶ 1.
6. Torres began working at Axesa as a Sales Supervisor on January 29, 2001. Docket No. 34, ¶ 6; Docket No. 42, SCUF, ¶ 1.
7. Torres received a copy of Axesa's Code of Conduct and participated in a training session of the same. Docket No. 34, ¶ 7; Docket No. 42, SCUF, ¶ 1.
8. Axesa sells space in its business products during sales campaigns known as "Sales Canvasses". Each sales canvass has a specific time frame and targets sales in a specific geographical area or for a specific product. The "Isla" canvass targets sales to Axesa's clients outside of the San Juan Metropolitan Area. The "Metro" canvass targets sales to clients in the San Juan Metropolitan Area. Docket No. 34, ¶ 8; Docket No. 42, SCUF, ¶ 1.
9. At the beginning of each sales canvass, Axesa establishes specific objectives in terms of the amount of sales to be attained during the canvass. An important part of the sales representatives' responsibilities and functions is reaching that sales objective. Docket No. 34, ¶ 9; Docket No. 42, SCUF, ¶ 1.
10. When Torres began working at Axesa, she was a Sales Supervisor in the New Media Department under the supervision of Luz Eneida Torres. Docket No. 34, ¶ 10; Docket No. 42, SCUF, ¶ 1.
11. As a Sales Supervisor, Torres was responsible for training, evaluating and developing the Sales Representatives under her supervision in order to achieve the sales revenue objectives established by Axesa for each sales canvass. Docket No. 34, ¶ 11; Docket No. 42, SCUF, ¶ 1.
12. On or around April 2002, Torres was transferred to the position of Sales Supervisor in the Premise Division. Docket No. 34, ¶ 12; Docket No. 42, SCUF, ¶ 1.
13. The Premise Division at Axesa is responsible for direct sales to Axesa's clients. The sales objectives for the Premise Division are higher than the sales objectives for the New Media Division. Torres' position as a Sales Supervisor in the Premise Division involved more responsibilities and more pressure because of the higher sales objectives. Docket No. 34, ¶ 13; Docket No. 42, SCUF, ¶ 1.
14. As a Sales Supervisor in the Premise Division, Torres once supervised Enid Cintrón ("eintrón") and trained her as a sales representative. Eventually, Cintrón also became a Supervisor in the Premise Division. Docket No. 34, ¶ 14; Docket No. 42, SCUF, ¶ 1.
15. As a Sales Supervisor in the Premise Division, Torres was supervised by Lorelli Navarro ("Navarro"), Sales Manager for the Premise Division. Docket No. 34, ¶ 15; Docket No. 42, SCUF, ¶ 1.
16. On or around July of 2004, Michael Báez ("Báez") offered Torres the position of Major Accounts Representative in the Premise Division. Docket No. 34, ¶ 16; Docket No. 42, SCUF, ¶ 1.
17. At all relevant times, Báez has been Axesa's Director of Sales and Cintrón's and Navarro's supervisor. Docket No. 34, ¶ 17; Docket No. 42, SCUF, ¶ 1.
18. Torres accepted the transfer to the Major Accounts Representative position conditioned upon her not being supervised by Carlos Villafañe. Axesa granted Torres' request and, effective August 9, 2004, Torres was transferred to the position of Major Accounts Representative in the Premise Division. Docket No. 34, ¶ 18; Docket No. 42, SCUF, ¶ 1.
19. As a Major Account Representative in the Premise Division, Torres did not supervise any employees. Instead she was responsible for: selling advertising in telephone directories to key clients; providing customer service to key clients; developing and delivering presentations regarding Axesa's products; maintaining and submitting sales reports regarding sales to clients; assisting formal training; and working and managing rejects as well as working with the Arts Department, among others. Docket No. 34, ¶ 19; Docket No. 42, SCUF, ¶ 1.
20. As a Major Account Representative in the Premise Division, Torres was also responsible for developing forecasts and projections as to her expected sales. Torres could revise her forecasts in the middle of a sales canvass in order to adjust them to what she estimated her final sales would be at the end of a canvass. Docket No. 38, Exhibit 1c, pages 116-119.
21. The preparation of forecasts is an important function of a Major Account Representatives at Axesa because, based on the forecasts provided by the representatives, Axesa's upper management estimates Axesa's expected sales and profits. If there is a significant discrepancy between the forecasts and the actual sales, the results of the canvass are affected. Docket No. 38, Exhibit 1c at 144.
22. The Metro 2005 Canvass began on or around the first week of August 2004 and ended on or around the first week of March 2005. As a Major Accounts Representative in the Premise Division, Torres' direct supervisor during the Metro 2005 Sales Canvass was Enid Cintrón, who was in turn supervised by Lorelli Navarro, Sales Manager for the Premise Division. Docket No. 34, ¶ 22; Docket No. 42, SCUF, ¶ 1.
23. In addition to Torres, there were two other Major Accounts Representatives Premise Division, José Rosich and Darlene Matos, who were supervised by Carlos Villafañe. Docket No. 34, ¶ 23; Docket No. 42, SCUF, ¶ 1.
24. In August 2004, prior to her being diagnosed with breast cancer, the amount of clients assigned to her was higher than the other two Major Accounts Representatives in the Premise Division. Docket No. 34, ¶ 24; Docket No. 42, SCUF, ¶ 1.
25. For the Metro 2005 Sales Canvass, Torres' Net Increase Sales Objective was $25,570. Docket No. 34, ¶ 25; Docket No. 42, SCUF, ¶ 1.
26. For the Metro 2005 Sales Canvass, Darlene Matos' Net Increase Sales Objective was $26,807. Docket No, 34, ¶ 26; Docket No. 42, SCUF, ¶ 1.
27. For the Metro 2005 Sales Canvass, José Rosich's Net Increase Sales Objective was $25,135. Docket No. 34, ¶ 27; Docket No. 42, SCUF, ¶ 1.
28. The Isla 2005 Sales Canvass began on or around March 2005 and ended on or around the first week of August 2005. Docket No. 34, ¶ 28; Docket No. 42, SCUF, ¶ 1.
29. For the Isla 2005 Sales Canvass, Torres' Net Increase Sales Objective was $6,783. Docket No. 34, ¶ 29; Docket No. 42, SCUF, ¶ 1.
30. For the Isla 2005 Sales Canvass, Darlene Matos' Net Increase Sales Objective was $8,239. Docket No. 34, ¶ 30; Docket No. 42, SCUF, ¶ 1.
31. For the Isla 2005 Sales Canvass, Juan Rosich's Net Increase Sales Objective was $8,239. Docket No. 34, ¶ 31; Docket No. 42, SCUF, ¶ 1.
32. On or around June 27, 2005, Torres prepared a forecast with her revised projections as to her expected sales results for the Isla 2005 canvass. Docket No. 38, Exhibit 1c, page 144.
33. During 2005, Axesa also engaged in a sales campaign for the "...
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