Abravanel v. Starwood Hotels & Resorts Wordwide, Inc.

94 F. Supp. 3d 134, 2015 U.S. Dist. LEXIS 38768, 2015 WL 1349815
CourtDistrict Court, D. Puerto Rico
DecidedMarch 26, 2015
DocketCivil No. 12-2050 (ADC)
StatusPublished
Cited by1 cases

This text of 94 F. Supp. 3d 134 (Abravanel v. Starwood Hotels & Resorts Wordwide, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abravanel v. Starwood Hotels & Resorts Wordwide, Inc., 94 F. Supp. 3d 134, 2015 U.S. Dist. LEXIS 38768, 2015 WL 1349815 (prd 2015).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLON, Chief Judge.

Plaintiff, Oded Abravanel (“plaintiff’ or “Abravanel”), brings suit against Starwood Resorts and Hotels Worldwide (“defendant” or “Starwood”), alleging, inter alia, that he was discriminated against in his employment due to his national origin, was retaliated against, and ultimately terminated without just cause. ECF No. 1. Abra-vanel invokes Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; Commonwealth of Puerto Rico’s Act No. 100, P.R. Laws Ann., tit. 29, § 467 et seq.; Commonwealth Act No. 115 of December 20, 1991, as amended, P.R. Laws Ann., tit. 11, § 194 et seq.; and, the Commonwealth’s Unjust Dismissal Act, P.R. Laws Ann., tit. 29, § 185a et seq. Id.

Before the Court is Starwood’s motion for summary judgment, statement of uncontested facts, reply, and reply statement; as well as plaintiffs opposition to defendants’ summary judgment and memorandum in support thereof, response to defendants’ statement of facts and counter-statement of material facts. ECF Nos. 20, 20-1, 25, 25-1, 30, 30-1. At issue is whether defendant is entitled to the Far-agher-Ellerth defense; and, if not, whether plaintiffs allegations and proffered evidence support causes of action for Title VII national origin discrimination and retaliation.

I. Factual Background

Unless otherwise noted, the following relevant facts are derived from defendant’s statement of facts, plaintiffs responses thereto, and defendant’s reply statement. ECF Nos. 20-1, 25-1, 30-1. Consistent with the summary judgment standard, the Court states the facts in the light most favorable to plaintiff, the nonmoving party. See Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006).

Abravanel was born in Israel on September 12, 1971. ECF No. 20-1 at ¶ 1; ECF No. 25-1 at ¶ 1. Starwood is a corporation, which operates several hotel brands around the world, and is a member of Sheraton PR Management, LLC, which operates the St. Regis Bahia Beach Resort, in Rio Grande, Puerto Rico. ECF No. 20-1 at ¶ 2; ECF No. 25-1 at ¶ 2.

At the time Starwood hired him, Abra-vanel was in the United States under an H-1B visa. ECF No. 20-1 at ¶ 8; ECF No. 25-1 at ¶ 3. His H-1B visa classification had been approved as of July 2, 2005, while working with the Mandarin Oriental Hotel in Miami, Florida. Id. The H-1B visa has a maximum duration of six (6) years. Id. On April 2, 2007, Starwood hired Abravanel as Front Desk Manager for the St. Regis Resort in Ft. Lauderdale, Florida. ECF No. 20-1 at ¶4; ECF No. 25-1 at ¶ 4. As the result of his employment with Starwood at the St. Regis Hotel in Ft. Lauderdale, Starwood presented a change of employer petition to modify Abravanel’s H-1B visa to reflect his current employer. This request was approved on July 7, 2007. ECF No. 20-1 at ¶ 5; ECF No. 25-1 at ¶ 5. On July 28, 2008, Abravanel transferred to the W Hotel operated by Starwood in Ft. Lauder-dale to work as Welcome Desk Manager. ECF No. 20-1 at ¶ 6; ECF No. 25-1 at ¶ 6. As the result of his employment with Starwood at W Hotel in Ft. Lauderdale, Florida, Starwood filed a change of employer petition to modify Abravanel’s H-1B visa to reflect his current employer. The approval of this request was notified [139]*139on January 23, 2008. ECF No. 20-1 at ¶ 7; ECF No. 25-1 at ¶ 7.

On July 7, 2010, Abravanel was transferred to the St. Regis Bahia Beach Resort in Rio Grande, Puerto Rico (“the Bahia Beach Resort”). He occupied the position of Director of Front Office and began to work during the resort’s opening phase. ECF No. 20-1 at ¶8; ECF No. 25-1 at ¶ 8. As a condition of employment to move to Puerto Rico in 2010, Abravanel was promised that Starwood would work on his permanent residency application. ECF No. 25-1 at ¶ 37; ECF No. 30-1 at ¶37. In addition, Starwood presented a change of employer petition to modify Abravanel’s H-1B visa to reflect his current employer. The notice of the approval of this request was notified March 28, 2011. According to the United States Customs and Immigration Service (“USCIS”) Approval Notice, Abravanel’s H-1B visa expired on August 25, 2011. ECF No. 20-1 at ¶ 9; ECF No. 25-1 at ¶ 9. From October 2010, Ms. Sharon D. Bathory (“Bathory”) acted as the Human Resources Director of the Bahia Beach Resort. ECF No. 20-1 at ¶ 10; ECF No. 25-1 at 1Í10. The St. Regis Bahia Beach Resort retained the law firm of Krupin and O’Brien, LLC (the “Law Firm”), at its own cost, to handle immigration law matters regarding Abravanel’s H-1B visa and permanent resident petition. Bathory was in charge of managing all communications with the law firm. ECF No. 20-1 at ¶ 11; ECF No. 25-1 at ¶ 11.

While employed at the St. Regis Bahia Beach Resort, Starwood agreed to file a permanent residence petition on Abrava-nel’s behalf. ECF No. 20-1 at ¶ 12; ECF No. 25-1 at ¶ 12. As part of the labor certification requirements, the hotel published ads for a St. Regis Director of Front Office position in several local newspapers, from June to October of 2011. ECF No. 20-1 at ¶ 13; ECF No. 25-1 at ¶ 13. On August 5, 2011, Bathory delivered a letter to Abravanel, informing him that his non-immigrant visa would expire on August 25, 2011 and that Starwood had approved a personal leave of absence for him, starting on October 20, 2011, when Abra-vanel would have used all accrued and unused vacation and sick time. ECF No. 20-1 at ¶ 14; ECF No. 25-1 at ¶ 14. According to the letter, the personal leave of absence provided in the hotel’s policies would end on December 20, 2011. Id. The letter also informed Abravanel that, if his work authorization situation was not resolved by December 20, 2011, he would not be able to return to work and his employment with Starwood would be deemed terminated. Id. He was also informed that he could reapply for employment with Starwood after acquiring a status that would authorize him to work in the United States. Id. Abravanel acknowledged that he was aware that he was no longer authorized to work in the United States after August 25, 2011. ECF No. 20-1 at ¶ 16; ECF No. 25-1 at ¶ 16.

As a result of the expiration of his H-1B visa, Abravanel relocated to Israel. ECF No. 20-1 at ¶ 16; ECF No. 25-1 at ¶ 16. During his absence from Puerto Rico, Abravanel communicated with Bathory via email. ECF No. 20-1 at ¶ 18; ECF No. 25-1 at ¶ 18'. When he questioned why his position at the Bahia Beach Resort had been published in several newspapers, Ba-thory explained that the hotel needed someone to cover his position in case his work authorization did not come through by the end of his personal leave of absence. Id. She also reminded Abravanel that the permanent residence procedure could take up to one (1) year to conclude. ECF No. 20-1 at ¶ 19; ECF No. 25-1 at ¶ 19. Abravanel also asked for Bathory’s help locating other job opportunities with Starwood outside of the United States. [140]*140Id. After Abravanel’s departure, the Bahia Beach Resort hired David Mejia (“Mejia”) as Director of Front Office on November 21, 2011. Mejia is a Venezuelan national, who, at the time, was a permanent resident. ECF No. 20-1 at ¶ 17; ECF No. 25-1 at ¶ 17. Mejia resigned from his employment on January 29, 2012. Id.

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Bluebook (online)
94 F. Supp. 3d 134, 2015 U.S. Dist. LEXIS 38768, 2015 WL 1349815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abravanel-v-starwood-hotels-resorts-wordwide-inc-prd-2015.