Garcia v. Bristol-Myers Squibb Co.

535 F.3d 23, 2008 U.S. App. LEXIS 15549, 91 Empl. Prac. Dec. (CCH) 43,342, 103 Fair Empl. Prac. Cas. (BNA) 1685, 2008 WL 2814814
CourtCourt of Appeals for the First Circuit
DecidedJuly 23, 2008
Docket07-2723
StatusPublished
Cited by61 cases

This text of 535 F.3d 23 (Garcia v. Bristol-Myers Squibb Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garcia v. Bristol-Myers Squibb Co., 535 F.3d 23, 2008 U.S. App. LEXIS 15549, 91 Empl. Prac. Dec. (CCH) 43,342, 103 Fair Empl. Prac. Cas. (BNA) 1685, 2008 WL 2814814 (1st Cir. 2008).

Opinion

*24 LYNCH, Chief Judge.

Norys I. García, a chemical engineer employed for eighteen years by Bristol Myers Squibb Company in Mayagez, Puer-to Rico, brought a Title VII suit alleging the termination of her employment was motivated by gender discrimination and not, as the employer said, by poor performance. The district court entered summary judgment for the employer, finding no reasonable jury could conclude, in the face of the articulated reason, in plaintiffs favor. In this highly fact-based case, we affirm the judgment.

I.

On September 15, 2005, Garcia, along with her husband and their conjugal partnership, brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Puerto Rico law, against her former employer, Bristol Myers Squibb and two of its subsidiaries (collectively “BMS”), as well as three individuals: Rafael Vélez, Américo Abadía, and Glenn Gerecke, and their respective wives and conjugal partnerships. Vélez and Abadía were Garcia’s direct supervisors; Gerecke was their supervisor.

Garcia alleged that the three men had built a case, based on negative performance evaluations, to justify firing Garcia and that their real motivation was that she is a woman. Garcia alleged that she was subjected to “different treatment, evaluations, disciplinary process and mechanisms” compared to the other male project engineers. Garcia alleged that Gerecke discriminated against her because he “con-don[ed]” the discriminatory conduct of the other two. Garcia sought compensatory and punitive damages of over $10 million as well as reinstatement to her job.

Defendants moved for summary judgment. The case was referred to a magistrate judge, who recommended denying summary judgment with respect to Garcia’s claim of sex discrimination. The district court did not accept this recommendation and held that summary judgment should be granted. Garcia appealed. Because our review of the grant of summary judgment is de novo, Thompson v. Coca-Cola Co., 522 F.3d 168, 175 (1st Cir.2008), we do not detail the reasoning used by either court.

A. Factual Background

We review the record evidence, making all reasonable inferences in plaintiffs favor. Mellen v. Trs. of Boston Univ., 504 F.3d 21, 24 (1st Cir.2007).

Garcia’s employment was terminated on January 24, 2005. Garcia then held the position of Senior Project Engineer within the Facilities and Engineering Department. She was the only Senior Project Engineer in the department and was responsible for the administration of capital projects. This meant that she would work as the leader of teams comprised of representatives from several BMS departments and was ultimately responsible for the entirety of each project assigned to her. Her peers in the department were Eduardo Sánchez and Pedro Toro, who were both Project Managers, and Manuel Orsi-ni, an Engineering Technician. During the time period in question she had two different direct supervisors, Rafael Vélez from February 2004 until her termination in January 2005 and Américo Abadía from August 2003 to February 2004. Both had difficulty with her work.

B. 2003 Evaluations and Velez’s Arrival

In February 2004, a year before the employment termination, Abadía completed 2003 year-end evaluations for all of the employees under his supervision. We con *25 sider these evaluations by Abadía insofar as they provide relevant background.

Abadia’s evaluation of Garcia, which they both signed on February 18, 2004, was markedly less positive than his evaluations of others he supervised. In Garcia’s evaluation, which reflected comments from others about Garcia, including from female employees, he wrote:

Norys is a hard worker but needs to learn how to influence the organization in a positive way to get the job done with a level of comfort. She is good at planning but when she encounters a pushback in the way she is approaching the task she gets upset and is able to accept alternate solutions with a level of difficulty. “Her way is the best way”...
Norys needs to understand that be[ing] a team player within our environment is an important factor.... Professionals that have worked with her feel uncomfortable in the way she approaches conflicting differences. She needs to be more proactive in modeling BMS Core Behaviors....
Another area that Norys has to address is in the presentation skills. While she has the required information her presentation lacks the required structure to make sure that attendees can grasp the understanding of the subject at hand....

In a sworn statement, Abadía stated that his review of Garcia was based on his observations that “when she encountered resistance to differing opinions or suggestions, she would have difficulty receiving that feedback and would respond by getting upset and reacting as such.” He also noted that Garcia had been inadequately prepared for a presentation to the plant’s Vice President and General Manager in late 2003, which Abadía had to cancel because it was “lacking the appropriate structure or completeness.” As discussed below, Garcia "wrote a letter on August 4, 2004, complaining about several aspects of this evaluation, including Abadia’s reliance on the opinions of people with whom Garcia claimed she had not actually worked during the time period in question.

By contrast, Abadía had far fewer concerns about other employees in the department. His evaluations of Toro and Orsini, Garcia’s male co-workers, were overwhelmingly positive, and his evaluation of Sánchez expressed a few concerns but was still very strong:

Within the 7 months that I have worked with Eduardo he needs to be more reactive to resolving situations that come to his hand but also increase the level of pro-activeness to resolve situations before they become a problem. Eduardo has the technical talent and also the administrative expertise to climb to his next performance step.
Eduardo with his knowledge and expertise ... can do more to increase the level of effectiveness of this department and for the overall organization. [He i]s considered within our operational community to be an[] excellent person to document [cjapital preparation documents the correct way.

Garcia considers Sánchez to be her male comparator.

In February 2004, Abadía was promoted to Director of Manufacturing and was replaced as Director of Facilities and Engineering by Rafael Vélez. Vélez had previously served as Materials Manager and worked with Garcia in that capacity; Garcia characterized that working relationship as “normal” and did not indicate that there had been any problems between the two. Vélez testified that he had known Garcia since he started working at BMS in approximately 1993.

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535 F.3d 23, 2008 U.S. App. LEXIS 15549, 91 Empl. Prac. Dec. (CCH) 43,342, 103 Fair Empl. Prac. Cas. (BNA) 1685, 2008 WL 2814814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-bristol-myers-squibb-co-ca1-2008.