Charles v. Regents of New Mexico State University

2011 NMCA 057, 256 P.3d 29, 150 N.M. 17
CourtNew Mexico Court of Appeals
DecidedNovember 4, 2010
Docket28,825; 32,730
StatusPublished
Cited by22 cases

This text of 2011 NMCA 057 (Charles v. Regents of New Mexico State University) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles v. Regents of New Mexico State University, 2011 NMCA 057, 256 P.3d 29, 150 N.M. 17 (N.M. Ct. App. 2010).

Opinion

OPINION

WECHSLER, Judge.

{1} Defendant, New Mexico State University (NMSU), appeals from a jury verdict awarding Plaintiff Wendy Charles $124,653.93 on her claims of retaliation and constructive discharge. On appeal, we address Defendant’s arguments that (1) the statute of limitations provided in the New Mexico Human Rights Act (NMHRA), NMSA 1978, §§ 28-1-1 to -14 (1969, as amended through 2007), bars acts outside the limitations period from being considered, and (2) there is insufficient evidence, as a matter of law, to support the jury’s verdict. We hold that Plaintiffs retaliation claim can be considered under the continuing violation doctrine, allowing facts and evidence prior to the NMHRA statute of limitations cut-off to be considered. We further hold that there is sufficient evidence to support the jury’s determination that a constructive discharge occurred. Accordingly, we affirm. BACKGROUND

{2} Plaintiff began working as a teaching assistant in the Facilities Maintenance Program at NMSU’s Doña Ana Branch Community College on January 19, 2001, and she worked there until her resignation on January 31, 2005. Plaintiff was a Technician IV-Lab Tech and assisted instructor James Thompson with his courses. Juan Reyes was also a lab technician and worked part-time assisting Thompson. Thompson was Plaintiffs supervisor from January 2001 until July 2003. Following a university reorganization, in July 2003, Terry Mount became Plaintiffs supervisor. Mount acted as Plaintiffs supervisor until Plaintiffs resignation in January 2005.

{3} Plaintiff testified that shortly after she began working at the university, Reyes commented to Plaintiff that he did not like it when Plaintiff held her blouse closed as she bent over to pick something up. Plaintiff testified that she informed Reyes that such statements were inappropriate. Reyes made this statement or similar statements on three separate occasions. The first statement occurred on January 23, 2001, four days after Plaintiff began working for Defendant. The other statements occurred on January 24, and August 8, 2001. Plaintiff testified that, a few days after she first informed Reyes that his comment was inappropriate, Reyes told Plaintiff to “shut-up” and that she did not “know what [she was] talking about” at a meeting in front of both faculty and students. During Plaintiffs employment, Reyes also called Plaintiff names, yelled at Plaintiff, made sarcastic comments about Plaintiffs abilities and the amount of work she did, slammed or hit tables or equipment in Plaintiffs presence, and refused to give Plaintiff receipts or promptly return Plaintiffs credit card when he purchased items using the university credit card issued in Plaintiffs name. Some of these acts occurred in front of students.

{4} In March 2001, Plaintiff complained to Thompson about her difficulties in sharing use of the university credit card with Reyes. In August 2001, Plaintiff complained to Thompson again about Reyes’s behavior, informing Thompson that Reyes had made inappropriate comments about Plaintiff holding her blouse closed when she bent over. Thompson talked to Reyes on more than one occasion and told Plaintiff that they all needed to “try harder to get along.” In February 2003, Plaintiff complained to Thompson in writing about Reyes’s behavior, and a personnel meeting was held. The dean attended the meeting and an agreement was reached between Plaintiff and Reyes to treat each other more professionally.

{5} Plaintiff contends that, beginning in August 2002, Thompson began retaliating against her by unfairly criticizing her attendance and work performance. According to Plaintiff, Thompson also became more angry, rude, and demeaning toward Plaintiff after the personnel meeting. Thompson began accusing Plaintiff of being late, of not getting the correct supplies, and of not completing her job duties. Thompson also cancelled training Plaintiff had requested and lowered Plaintiffs performance evaluation in the area of “work relations.” Plaintiff testified that Thompson yelled at her in front of students and threw a cigarette butt at her. When Plaintiff returned to the dean of the university in September 2003 to complain about this conduct, the dean referred Plaintiff to her new supervisor, Mount. Plaintiff had multiple meetings with Mount regarding her concerns.

{6} In June 2004, Plaintiff filed an informal grievance with NMSU’s Equal Employment Opportunity (EEO) office. On September 27, 2004, the EEO office issued a letter stating that it did not find Plaintiffs complaints to amount to discrimination and referred the case to the Assistant Director of Employee Relations for NMSU, Mack Adams. Adams instituted a mediation process that began on October 28, 2004. The mediation concluded, and a mediation agreement circulated in mid-December 2004. The agreement provided Plaintiff with a flexible work schedule; provided Plaintiff training if budgetary constraints allowed; established bi-weekly meetings between Mount, Plaintiff, Thompson, and Reyes; and stated that Plaintiff would bring any inappropriate conduct by Reyes to Thompson’s or Mount’s attention. Following suggestions by Mount and Thompson, the mediation agreement was amended in early January 2005 to provide for bi-weekly meetings between Plaintiff and Mount, rather than including all parties. The amended mediation agreement also provided that Plaintiff should attempt to resolve any complaints she had that Reyes was not treating her correctly first with Reyes, then with Thompson, and lastly with Mount. The agreement provided, however, that Plaintiff could go directly to Thompson if she did not feel she could discuss her concern with Reyes. On January 14, 2005, Plaintiff submitted her notice of resignation. Plaintiffs last day of employment was January 31, 2005.

{7} Plaintiff filed complaints with the Equal Employment Opportunity Commission (EEOC) and the New Mexico Human Rights Division. In October 2006, Plaintiff filed this civil suit alleging sexual harassment, retaliation, and constructive discharge. Prior to trial, Defendant filed a motion for summary judgment, asserting that the evidence did not support a constructive discharge. After considering the conflicting evidence presented, the district court denied the motion. At the close of Plaintiffs evidence at trial, Defendant made an oral motion for directed verdict, asserting again that the evidence was insufficient to support a constructive discharge, and the district court denied the motion. The jury entered a verdict in favor of Plaintiff on the retaliation claim, but it found in Defendant’s favor on the sexual harassment claim. The jury further found that “Plaintiff was constructively discharged from her employment.” The jury awarded Plaintiff $94,653.93 in lost wages and $30,000 for emotional distress. After the jury returned its verdict, Defendant filed a motion for judgment notwithstanding the verdict, or in the alternative, a new trial, arguing a third time that the evidence was insufficient to support a constructive discharge. The district court denied this motion as well. Defendant appeals.

RETALIATION CLAIM

{8} The NMHRA provides that it is an unlawful discriminatory practice for any person or employer to “engage in any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the [NMHRA].” Section 28-1 — 7(I)(2).

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Cite This Page — Counsel Stack

Bluebook (online)
2011 NMCA 057, 256 P.3d 29, 150 N.M. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-regents-of-new-mexico-state-university-nmctapp-2010.