Arango v. Telemundo El Paso

20 F. Supp. 3d 559, 2013 U.S. Dist. LEXIS 187728, 2013 WL 8478478
CourtDistrict Court, W.D. Texas
DecidedDecember 30, 2013
DocketNo. EP-12-CV-326-PRM
StatusPublished
Cited by1 cases

This text of 20 F. Supp. 3d 559 (Arango v. Telemundo El Paso) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arango v. Telemundo El Paso, 20 F. Supp. 3d 559, 2013 U.S. Dist. LEXIS 187728, 2013 WL 8478478 (W.D. Tex. 2013).

Opinion

MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

PHILIP R. MARTINEZ, District Judge.

On this day, the Court considered Defendants Telemundo El Paso; KTDO Television; ZGS El Paso Television, L.P.; and ZGS Communications, Inc.’s “Motion for Summary Judgment” (ECF No. 36) [hereinafter “Motion”], filed on June 3, 2013; Plaintiff Jose Arango’s “Original Response to Defendants’ Motion for Summary Judgment” (ECF No. 42), filed on July 3, 2013; and Defendants’ “Reply to Plaintiffs Response to Defendants’ Motion for Summary Judgment” (ECF No. 43), filed on July 10, 2013, in the above-captioned cause. The Court granted the Motion on July 30, 2013, and now writes to explain its reasoning.

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 9, 2012, Plaintiff filed suit in the 448th Judicial District Court of El Paso County, Texas. Not. Removal 1, Aug. 17, 2012, ECF No. 1. After Defendants removed the case to the Court, Plaintiff filed his “First Amended Complaint” on October 12, 2012 (ECF No. 10), and his “Second Amended Complaint” on November 21, 2012 (ECF No. 25). Therein, he claims that Defendants violated Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (“ADEA”) when they terminated his employment. Plaintiff first complained to Defendants about sexual harassment at the workplace in December 2010. Resp. Ex. A, at 7-8.

Plaintiff was employed by Defendants from 1999 through 2011. D.’s Answer & Affirm. Defenses P’s First Am. Compl. 2, Nov. 2, 2011, ECF No. 14. Plaintiff worked as a Master Control Operator for Defendants during this time period. Resp. 2. Prior to 2006, Defendants only issued verbal warnings to employees 'for performance errors. Mot. Summ. J. 5, Ex. 27, at 2. After 2006, Defendants began to document performance errors of their employees. Mot. Summ. J. Ex. 27, at 2. Defendants assert that Plaintiff was “very careless and did not concentrate on his job.” Id. Plaintiff received approximately [562]*562two performance write-ups in 2006 (representing five violations), one performance write-up in 2007 (representing two violations), one performance write-up in 2009 (representing four violations), and two performance write-ups in 2010 (representing five violations). Id. Exs. 1-7, 27.

Plaintiff further asserts that he was subjected to sexual harassment and discrimination in the workplace “due to his age, 54, and his national origin, Mexican.” Pl.’s Second Am. Compl. 4. Plaintiff claims that he was sexually harassed by coworker Santiago Sanchez (“S. Sanchez”) and that this harassment included “verbal harassment, unwanted physical contact, and demands for and consummation of physical acts between Plaintiff and S[.] Sanchez” at the workplace. Id. Plaintiff alleges that the sexual harassment began in early 2006 and ended in December 2010. Resp. Ex. A, at 3. Defendants assert that the sexual relationship between Plaintiff and S. Sanchez was consensual; Plaintiff denies that allegation. Mot. Summ. J. Ex. 27, at 5; Resp. Ex. A, at 3.

In light of the foregoing, Plaintiff complained to Human Resources Director Monic Diaz1 and General Manager Lorena Castaneda in December 2010 after he alleged that S. Sanchez sexually assaulted him. Resp. Ex. A, at 7. Defendants conducted a three-day investigation into Plaintiffs complaint, which included interviews with both Plaintiff and S. Sanchez. Mot. Summ. J. Ex. 28, at 3. Defendants assert that Plaintiff told them that his relationship with S. Sanchez had been consensual at one point, but that it was no longer consensual. Id. Further, Defendants also report that Plaintiff stated during the interview that he did not want S. Sanchez to be fired, but rather that he no longer wished to work contemporaneously with S. Sanchez. Mot. Summ. J. Ex. 27, at 6.

Following the investigation, both Plaintiff and S. Sanchez retained their positions. Mot. Summ. J. Ex. 27, at 6. Defendants claim to have adjusted Plaintiffs shifts after his complaint of harassment so that he and S. Sanchez would not be on duty contemporaneously; however, Plaintiff disputes Defendants’ assertion. Id. After his complaint of sexual harassment, Plaintiff claims that Defendants “began to retaliate against Plaintiff for his having complained about the ongoing sexual harassment by scrutinizing his work performance” and increasing the severity of their discrimination against Plaintiff “due [to his] age, gender, and national origin.” Pl.’s Second Am. Compl. 5. Plaintiff asserts that Defendants began “writing him up for false and contrived performance issues” in retaliation for his complaint of sexual harassment. Id. Following his complaint of sexual harassment, Defendants issued two work-performance notices, representing ten violations, to Plaintiff. Mot. Summ. J. Exs. 17-18. On March 4, 2011, Defendants terminated Plaintiff’s employment based on his history of performance violations. Id. Ex. 27, at 7. Plaintiff thereupon filed this lawsuit.

II. LEGAL STANDARD

A. Summary Judgment

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, a court should grant summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A genuine dispute of material fact exists only if there are “any genuine factual issues that properly can be [563]*563resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In a motion for summary judgment, “[t]he moving party bears the initial burden of showing that there is no genuine issue for trial; it may do so by ‘point[ing] out the absence of evidence supporting the nonmoving party’s case.’ ” Nat’l Ass’n of Gov’t Emps. v. City Pub. Serv. Bd., 40 F.3d 698, 712 (5th Cir.1994) (quoting Latimer v. Smithkline & French Labs., 919 F.2d 301, 303 (5th Cir.1990)). If the moving party has satisfied its initial burden, the nonmovant must then come forward with “specific facts showing that there is a genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). When a party requests that a court grant its motion for summary judgment, a court “will review the facts drawing all inferences most favorable to the party opposing the motion.” Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986). This burden is not satisfied with “some metaphysical doubt as to the material facts,” Matsushita, 475 U.S. 574, 586, 106 S.Ct. 1348 (1986), by “conclusory allegations,” Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 871-73, 110 S.Ct.

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Bluebook (online)
20 F. Supp. 3d 559, 2013 U.S. Dist. LEXIS 187728, 2013 WL 8478478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arango-v-telemundo-el-paso-txwd-2013.