Morales-Diaz v. Puerto Rico Electric Power Authority

899 F. Supp. 2d 170, 2012 U.S. Dist. LEXIS 151099, 2012 WL 5177528
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 30, 2012
DocketCivil No. 10-1958 (ADC)
StatusPublished
Cited by1 cases

This text of 899 F. Supp. 2d 170 (Morales-Diaz v. Puerto Rico Electric Power Authority) 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.

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Morales-Diaz v. Puerto Rico Electric Power Authority, 899 F. Supp. 2d 170, 2012 U.S. Dist. LEXIS 151099, 2012 WL 5177528 (prd 2012).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLON, Chief Judge.

Plaintiff, Beatriz Morales-Diaz (“plaintiff’ or “Morales”), brings suit against defendant, the Puerto Rico Electric Power Authority (“PREPA” or “defendant”), alleging, inter alia, that she was discriminated against in her employment due to her sex, in the form of hostile work environment sexual harassment, and suffered retaliation for denouncing her supervisor for these acts. Morales invokes Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq.; Commonwealth Act No. 100 of June 30,1959, as amended, P.R. Laws Ann, tit. 29, § 146 et seq.; Commonwealth Act No. 69 of July 6, 1985, as amended, P.R. Laws Ann, tit. 29, § 1321 et seq.; and, Commonwealth Act No. 17 of April 22, 1988, as amended, P.R. Laws Ann, tit. 29, § 155. ECF No. 1.

Now before the Court is defendant’s motion for summary judgment, statement of uncontested facts, and reply as well as plaintiffs opposition to defendant’s summary judgment and memorandum in support thereof, response to defendant’s statement of facts and counterstatement of material facts. ECF Nos. 60, 51, 67, 67-1. At issue is whether defendant is entitled to the Faragher-Ellerth defense; and, if not, whether plaintiffs allegations and proffered evidence support causes of action for sex discrimination and retaliation.

I. Factual Background

Unless otherwise noted, the following relevant facts are derived from defendant’s statement of facts, plaintiffs responses, and plaintiffs counter-statement of facts. ECF Nos. 51, 67-1. Consistent with the summary judgment standard, the court states the facts in the light most favorable to plaintiff, the nonmoving party. See Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006).

Plaintiff commenced her employment with defendant, PREPA, on April 12, 2004. ECF No. 51 at ¶ 1; ECF No. 67-1 at ¶ 1; Plaintiffs Statement of Facts (“PSOF”) at [172]*172¶ 2. Morales has been receiving salary increases since May 20, 2007, up to August 24, 2011. ECF No. 51 at ¶ 2; ECF No. 67-1 at ¶ 2. She is an Office Clerk with regular status assigned to the Transmission and Distribution Directoriate of the Technical Office of San Germán, for PREPA’s Mayagüez Region. ECF No. 67-1, PSOF at ¶ 1.

Upon her request, plaintiff was appointed to the Technical Offices of San Germán on October 23, 2006. ECF No. 67-1, PSOF at ¶ 6. From 2006 until February of 2009, plaintiffs immediate supervisor was Luis Rodríguez-Rodríguez (“Rodríguez”). Plaintiff alleges that Rodriguez began a pattern of sexual harassment against her in 2006. ECF No. 51 at ¶ 12; ECF No. 67-1 at ¶ 12. However, in February 13, 2006, plaintiff filed a sexual harassment complaint at PREPA’s Equal Employment Opportunity Office against another employee, Ramón Soto-Cruz.1 ECF No. 51 at ¶ 14; ECF No. 67-1 at ¶ 14; PSOF at ¶ 3. Plaintiff acknowledges she did not follow PREPA’s established procedures for her first complaint. ECF No. 51 at ¶ 15; ECF No. 67-1 at ¶ 15.

Plaintiff 'admitted she used to have breakfast/coffee with Rodriguez on his desk. ECF No. 51 at ¶ 13. Rodriguez would insist on going out with her, that he wanted to be with her, and would comment on her physical appearance. Plaintiff requested that Rodríguez stop this conduct in order to not contaminate the work environment. ECF No. 67-1, PSOF at ¶ 13.

In December of 2007, plaintiff met her romantic partner, Ángel Kemuel Lamberty, a coworker at PREPA. In the beginning of their relationship, Rodriguez’ comments intensified. However, during the beginning of 2008, Rodriguez told plaintiff that he was “throwing the towel” because Kemuel was his “buddy” and the harassment stopped. ECF No. 67-1, PSOF at ¶¶ 15-16. The harassment restarted during December of 2008, when Rodriguez made sexually explicit gestures with his mouth, including tongue movements and biting his lips. ECF No. 67-1, PSOF at ¶ 17. Rodriguez always insinuated that he wanted to be with plaintiff, that she was the woman for him and always tried to accompany her whenever she went somewhere, like the bathroom. ECF No. 67-1, PSOF at ¶ 22.

Then, at one point on February 4, 2009, Rodriguez was not in his cubicle and plaintiff was on her way to the bathroom, which was at the end of the hallway. On her way to the bathroom, Rodriguez called to her, said “look at this,” and showed her a photograph of a naked woman, straddling a motorcycle, in an open position, with one leg down and the other risen. Plaintiff understood the naked women resembled her. ECF No. 67-1, PSOF at ¶ 18. Plaintiff was frightened by Rodríguez and blurted out “where did you get this from?” Coworker Qnetsy Laboy (“Laboy”) was walking by and plaintiff called her quickly saying “Quetsy, come here, look at what this guy is showing me!” Rodriguez became nervous. ECF No. 67-1, PSOF at ¶ 19. Laboy asked Rodriguez where he had gotten the magazine. Rodriguez said it belonged to their coworkers, to which Laboy responded “you are crazy” and left with plaintiff. ECF No. 67-1, PSOF at ¶20.

Plaintiff believed that Rodriguez was obsessed with her. ECF No. 67-1, PSOF at ¶ 21. After the magazine incident, plaintiff became extremely frightened and thought that the next incident may involve Rodriguez touching her or trying to kiss her. ECF No. 67-1, PSOF at ¶ 23. The maga[173]*173zine incident occurred on a Wednesday and the following Friday, plaintiff was alone in the office when Rodriguez asked plaintiff once again for a chance, stating “I want to be with you ... if you were with me, I would make you happy.” ECF No. 67-1, PSOF at ¶ 24. Plaintiffs original intention was to have the objectionable conduct stop; she did not want to file any charges against Rodríguez. ECF No. 67-1, PSOF at ¶ 26.

Plaintiff called Freddyson Martinez, UTIER’s Chapter President, and explained these incidents. Freddyson Martinez quickly contacted the District Engineer, Raul Ruiz (“Ruiz”), and told him they had to meet as soon as possible because plaintiff had complained about a situation that was happening that required immediate attention. ECF No. 67-1, PSOF at ¶27. Freddyson Martinez also wrote a letter, dated February 11, 2009, requesting that Ruiz conduct an investigation on the sexual harassment allegations. Ruiz was contacted inasmuch as he was the area’s supervisor. ECF No. 67-1, PSOF at ¶ 28. The first meeting was held on February 19, 2009. ECF No. 67-1, PSOF at ¶29.

The second meeting was held on February 20, 2009, at plaintiffs request, and was to be followed-up because the UTIER wanted an affirmative action: to have Rodriguez moved. Gilberto Martínez of Corporate Security, Ruiz, Ana Delia Cabrera, plaintiff, and Freddyson Martinez attended the second meeting. ECF No. 67-1, PSOF at ¶ 34. At the second meeting, Ruiz gave two proposed alternatives or solutions: (1) that Rodriguez be allowed to remain at the premises but assigned to Joselyn Acosta’s office or (2) send Rodriguez to Mayagiiez. Plaintiff indicated that she preferred the second alternative. However, Rodriguez was never transferred to Mayagüez. ECF No. 67-1, PSOF at ¶¶ 36, 56.

On February 26, 2009, plaintiff filed a sexual harassment complaint against Rodriguez at PREPA’s Equal Employment Opportunity Office. ECF No. 51 at ¶ 16; ECF No. 67-1 at ¶16; PSOF at ¶38.

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899 F. Supp. 2d 170, 2012 U.S. Dist. LEXIS 151099, 2012 WL 5177528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-diaz-v-puerto-rico-electric-power-authority-prd-2012.