Irizarry-Santiago v. Essilor Industries

982 F. Supp. 2d 131, 2013 WL 6017398, 2013 U.S. Dist. LEXIS 162349
District Court, D. Puerto Rico·Decided November 13, 2013·No. Civil No. 12-1098 (FAB)·Published·Cited by 5 cases

Opinion

MEMORANDUM AND ORDER

BESOSA, District Judge.

Before the Court is the motion for summary judgment filed by defendants Essilor Industries (“Essilor”) and Francois Deterre (“Deterre”), (Docket 142). Having considered the arguments in defendants’ motion; plaintiff Sobeida Irizarry-Santiago (“Irizarry”)’s response, (Docket 147); and defendants’ reply, (Docket 154), the Court GRANTS defendants’ motion for summary judgment.

I. Summary Judgment Standard

Summary judgment serves to assess the evidence and determine if there is a genuine need for trial. Garside v. Oseo Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). The Court may grant a motion for 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 fact is “material” if it has the potential to “affect the outcome of the suit [134] under the governing law.” Id. A dispute is “genuine” when it “could be resolved in favor of either party.” Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 19 (1st Cir.2004). The party moving for summary judgment has the initial burden of “demonstrat[ing] the absence of a genuine issue of material fact” with definite and competent evidence. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994). It must identify “portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any’ ” which support its motion. Id. (citing Fed. R.Civ.P. 56(c)). Once a properly supported motion has been presented, the burden shifts to the non-moving party “to demonstrate that a trier of fact reasonably could find in [its] favor.” Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000) (internal citation omitted).

It is well-settled that “[t]he mere existence of a scintilla of evidence” is insufficient to defeat a properly supported motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “[A] party opposing summary judgment^ therefore,] must ‘present definite, competent evidence to rebut the motion.’ ” Maldonado-Denis, 23 F.3d at 581 (internal citation omitted). In making this assessment, the Court must take the entire record in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor. Farmers Ins. Exch. v. RNK, Inc., 632 F.3d 777, 779-80 (1st Cir.2011).

II. ADEA and Title VII Discrimination Claims

Defendants seek summary judgment of plaintiffs ADEA age discrimination claim and her Title VII sex and national origin discrimination claims. When, as here, the employee offers no “smoking gun” direct evidence of discrimination in those types of cases, a three-step burden-shifting framework applies. See, e.g., Velazquez-Femandez v. NCE Foods, Inc., 476 F.3d 6, 11 (1st Cir.2007) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). To defeat summary judgment of an ADEA age discrimination claim, the employee must first show: (1) that he or she was at least forty years old when the adverse employment action was taken against him or her; (2) that his or her job performance met the employer’s legitimate expectations; (3) that he or she suffered an adverse employment action; and (4) that the employer filled the position, thereby showing a continuing need for the services that he or she had been rendering. Melendez v. Autogermana, Inc., 622 F.3d 46, 50 (1st Cir.2010). In a Title VII sex or national origin discrimination claim, a plaintiff has the initial burden of establishing: (1) that he or she is a member of a protected class; (2) that an adverse employment action was taken; (3) that he or she was otherwise qualified; and (4) that his or her position remained open or was filled by a person with similar qualifications. Garcia v. Bristol-Myers Squibb Co., 535 F.3d 23, 34 n. 2 (1st Cir.2008).

Once established, the prima facie showing “gives rise to a rebuttable presumption that the employer engaged in intentional [ ] discrimination.” Woodman v. Haemonetics Corp., 51 F.3d 1087, 1091 (1st Cir. 1995) (citations omitted). The burden of production then shifts to the employer “to produce sufficient competent evidence to allow a rational fact-finder to conclude that a legitimate non-discriminatory reason existed for the [adverse employment action].” Melendez, 622 F.3d at 50. If the employer meets its burden, the employee must then [135] prove that the proffered reason is pretextual, and that “the record evidence would permit a reasonable jury to infer that the real reason was discriminatory animus” based on an impermissible consideration. Id. (internal quotations and citation omitted).

Defendants first argue that plaintiff fails to meet her prima facie burden on each discrimination claim. They also contend that even if pñma facie cases could be met, plaintiffs claims cannot survive because she has not provided sufficient evidence demonstrating that defendants’ proffered explanation is pretext and that a motivating factor for her termination was a discriminatory animus. The Court addresses each argument in turn.

A. Prima Facie Case

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Irizarry-Santiago v. Essilor Industries, 982 F. Supp. 2d 131, 2013 WL 6017398, 2013 U.S. Dist. LEXIS 162349 (prd 2013).

982 F. Supp. 2d 131 (Irizarry-Santiago v. Essilor Industries) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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