Lopez-Cruz v. FPV & Galindez, PSC

922 F. Supp. 2d 225, 2013 WL 500302, 2013 U.S. Dist. LEXIS 19652
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 12, 2013
DocketCivil No. 11-1774 (SEC)
StatusPublished
Cited by3 cases

This text of 922 F. Supp. 2d 225 (Lopez-Cruz v. FPV & Galindez, PSC) 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
Lopez-Cruz v. FPV & Galindez, PSC, 922 F. Supp. 2d 225, 2013 WL 500302, 2013 U.S. Dist. LEXIS 19652 (prd 2013).

Opinion

OPINION AND ORDER

SALVADOR E. CASELLAS, Senior District Judge.

Before the Court are the defendants’ motion for summary judgment (Docket # 28), the plaintiffs opposition thereto (Docket # 33), and the parties’ respective replies (Dockets #37 and 49). After reviewing the filings and the applicable law, the defendants’ motion is GRANTED.

Factual and Procedural Background

Shayra López-Cruz (“Plaintiff’) filed this suit against her former employer, FPV & Galindez, CSP (“FPVG”), and Julio Galindez (“Galindez”) (collectively, “Defendants”), alleging gender discrimination and [227]*227retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; Puerto Rico Law No. 80, P.R. Laws Ann. tit. 29 §§ 185a et seq.; Puerto Rico Law 100, P.R. Laws Ann. tit. 29, §§ 146 et seq.; and Puerto Rico Law 69, P.R. Laws Ann. tit. 29, §§ 1324 et seq. Docket # 1. Plaintiff alleges that she was terminated because of her gender and retaliated against for objecting to Defendants’ discriminatory practices and for claiming better working conditions for female employees. Id. at 2.

On May 8, 2012, Defendants moved for summary judgment, arguing that Plaintiff failed to establish a prima facie case of gender based discrimination. Docket #28, p. 10. They further assert that Plaintiff has not adduced evidence that their articulated reason for her dismissal is a mere pretext for discrimination. Id.; Docket #28-10, p. 15. After reviewing the filings, the relevant uncontested facts are as follows.1

In November 2004, Plaintiff began working for FPV & Co., PSC (“FPV’), a certified public accountants firm, as a “Staff Auditor”. Statement of Uncontested Facts (“SUF”), Docket # 28-1, ¶ l.2 Rafael Pérez Villarini (‘Villarini”) and Marcos Claudio (“Claudio”) were the only partners of FPV. Id. ¶ 5. FPVG is the result of a merger between FPV and Galindez CPA Group, PSC (“Galindez Group”), a firm wholly owned by Galindez. SUF ¶¶ 4-5. The two entities merged in January 2008. ld For Galindez, the merger represented an opportunity for FPV and Galindez Group to complement their practices with the established organizational structure of the other. Id. ¶ 6.

Prior to the merger, FPV and Galindez Group had worked together in several professional engagements. Id. ¶ 8. Plaintiff had participated in some of these engagements, where personnel from Galindez Group supervised her. Id. During this period, FPV and Galindez’s employees were also attending professional seminars together and partaking on other special occasions. Id. ¶ 10. While attending one of these seminars Plaintiff affirms that she heard Galindez say, in front of her and other FPV employees: “[t]hat was why he contracted males and not females, since he preferred working with the male gender.” Id. ¶ II.3

Under FPV’s organizational structure, the Auditors in Charge mostly worked under the direct supervision of the partners. Id. ¶ 19. As a result of the merger, FPVG implemented the organizational structure that existed in Galindez Group, where the Staff Auditor would report to an Auditor in Charge, who would report back to a Manager, who would in turn report to a Partner. Id. ¶ 20. The individuals that were assigned as Managers at FPVG came from Galindez Group. Id. The merger thus brought new ways of doing things, less exposure to the Partners, and supervisors [228]*228that came from Galindez Group. Id. ¶¶ 20, 21 and 22.

Shortly after the merger, Plaintiff was assigned to work in an engagement at one of FPVG’s clients, Pavia Hospital. Id. ¶ 26. After a day of work, Galindez greeted Plaintiff at the office and asked her how was everything going with the Finance Director for the Hospital. She replied: “she’s a bitch, but I’m a bigger bitch than she is.” Id.4 Galindez stated that he was not used to have a subordinate speak to him like that. Id. ¶ 27.5

On another occasion, while working at the Pavia Hospital, a lamp fell on Plaintiffs laptop, breaking it. Id. ¶ 29. Héctor Vázquez (“Vázquez”), a manager at FPVG and Plaintiffs superior, demanded in an ill-mannered fashion that she turn in her work on time even though she could not because of the accident. Id. ¶ 29. Vázquez came from Galindez Group and was assigned as manager at FPVG.

Later, while Plaintiff was assigned to hospital engagements outside of the metropolitan area, Vázquez required Plaintiff to work during late night hours (between 8:00 pm and 9:00 pm). Id. ¶ 33. Plaintiff complained to Vázquez that the walk to her car through a dark and isolated parking lot was dangerous since she was a woman, and that there were reports of co-workers who had been robbed and cars that had been broken into. Id. He simply replied that those were the conditions of the job, and that she had to remain at the site until she completed her duties. Id. ¶ 34. This condition was imposed on all personnel, including her male counterparts. Id. ¶ 35.6 In fact, in her deposition Plaintiff testified that Claudio and Villarini’s response to her complaints on this issue were the same as Vázquez’s, that is, that those were the conditions of the job. Docket # 28-2, pp. 52-53.

Sometime around April or May 2009, Plaintiff participated in a gathering or mixer at the offices of FPVG. SUF ¶ 44. Traditionally, the firm would have these gatherings with all its personnel in order to celebrate the end of the tax season. Id. Food and alcohol were served. Id.

At the work gathering, Plaintiff told Claudio, Galindez, and other co-workers that FPVG’s supervisors had no consideration in their treatment towards women in the office; that they were very aggressive when addressing them; and that FPVG should not make women leave at late hours because it was unsafe. Id. ¶ 45; Plaintiffs response to SUF (“RSUF”), Docket # 34, ¶ 45; Docket # 38-2, pp. 81-85. Plaintiff asserts that Galindez responded: “That’s why I only contract men. I like to work with men because women are difficult.” SUF ¶ 46; RSUF ¶46; Docket #28-2, p. 85.

On June 3, 2009, Vázquez gave a written reprimand to Plaintiff due to an incident where a group of male and female employ[229]*229ees from the auditing department was gathered during working hours, jesting and joking loudly about matters that were not work related. SUF ¶¶ 37-8; Docket # 28-3, p. 57; Exhibit X.7 According to the e-mail sent by Vázquez to Plaintiff, when he approached the group and ordered them to disperse, Plaintiff took it upon herself to challenge his authority, confronting him in an insubordinate and defiant manner. Id. Plaintiff replied to the written reprimand by sending an e-mail, addressed to Vázquez and the partners, stating her version of the facts and alleging that Vázquez behaved unprofessionally. Id. ¶ 39.

In December 2009, FPVG had a Christmas party at a restaurant. SUF ¶ 50. Plaintiff and other employees took individual pictures with Claudio and Villarini, Id.

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Cite This Page — Counsel Stack

Bluebook (online)
922 F. Supp. 2d 225, 2013 WL 500302, 2013 U.S. Dist. LEXIS 19652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-cruz-v-fpv-galindez-psc-prd-2013.