Pizarro-Correa v. Puerto Rico Internal Revenue Department

267 F. Supp. 3d 369
CourtDistrict Court, D. Puerto Rico
DecidedJuly 31, 2017
DocketCivil No. 16-2598 (FAB)
StatusPublished
Cited by6 cases

This text of 267 F. Supp. 3d 369 (Pizarro-Correa v. Puerto Rico Internal Revenue Department) 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
Pizarro-Correa v. Puerto Rico Internal Revenue Department, 267 F. Supp. 3d 369 (prd 2017).

Opinion

OPINION AND ORDER1

BESOSA, District Judge.

Plaintiff Luz Pizarro-Correa (“Pizarro”) brought this action against the Puerto Rico Internal Revenue Department; also known as Departamento de Hacienda (“Hacienda”), the Commonwealth of Puerto Rico (“Commonwealth”), and Alberto Cardona-Crespo (“Cardona”) (collectively “defendants”) alleging violations of the Americans with Disabilities Act (“ADA”), and Title VII of the Civil Rights Act of 1964 (“Title VII”). -Pizarro also invokes the supplemental jurisdiction of this Court to adjudicate her claims pursuant to Puerto Rico Law 44 (“Law 44”), P.R, Laws Ann. tit., 1, §§ 501 et seq.; Puerto Rico Law 115 (“Law 115”), P.R, Laws Ann. tit. 29, §§ 194 et seq.; and Puerto Rico Law 100 (“Law Í00”), P.R. Laws Ann. tit. 29, §§ 146 et seq. Defendants move to dismiss 2 Pizarro’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (“Rule 12(b)(6)”). (Docket No. 19.) For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART defendants’ motion to dismiss.

I. STANDARD OF REVIEW

Pursuant to Rule 12(b)(6), defendants may move to dismiss an action for failure [372]*372to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion, a complaint must contain sufficient factual matter “to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The Court must decide whether the complaint alleges sufficient facts to “raise a right to relief above the speculative level.” Id. at 555, 127 S.Ct. 1955. In doing so, the Court is “obligated to view the facts of the complaint in the light most favorable to the plaintiffs, and to resolve any ambiguities in their favor.” Ocasio-Hernandez v. Fortuño-Burset, 640 F.3d 1, 17 (1st Cir. 2011). Although “the elements of a prima facie case may be used as a prism to shed light upon the plausibility of the claim,” it is “not necessary to plead facts sufficient to establish a prima facie case” in order to survive a motion to dismiss. Rodriguez-Reyes v. Molina-Rodriguez, 711 F.3d 49, 54 (1st Cir. 2013). The prima facie analysis in a discrimination case is an evidentiary model, not a pleading standard. Id at p. 51 (“the prima facie case is not the appropriate benchmark for determining whether a complaint has crossed the plausibility threshold.”). A complaint that adequately states a claim may still proceed even if “recovery is very remote arid unlikely.” Ocasio-Hernandez, 640 F.3d at 13 (internal quotation marks and citations omitted).

II. FACTUAL BACKGROUND

The Court takes the following facts as true, as pled in the complaint. (Docket No. 1.) Pizarro worked for Hacienda as a revenue collections officer for approximately five and a half years. Id at p. 1. Pizarro “suffered from mental illness” and was diagnosed with major severe depression and bipolar disorder. Id Hacienda received notice of Pizarro’s mental health condition on or about September 4, 2013, when she submitted medical notes from her psychologist to her supervisor.3 Id. at p. 2. Pizarro claims one of her supervisors, Carmen Mercado, was fully aware of her medical conditions. Id.

Pizarro avers that in 2015 defendant Cardona, a male coworker at the Areeibo office, made sexually explicit and derogatory comments to Pizarro. Id. at p. 5. Cardo-na’s unwelcomed comments included telling Pizarro to dance on a stripper pole.4 Id. Pizarro informed her supervisor, Sylvia Serrano, of Cardona’s remarks, but Hacienda took no action. Id. Instead, Serrano allegedly notified Cardona of Pizarro’s intention to file a sexual harassment complaint so that Cardona could pre-emptively file his own complaint against Pizarro. Id. Subsequently, Cardona filed a sexual harassment complaint against Pizarro. Id. While Hacienda investigated Cardona’s claim, Pizarro was transferred to the Bayamon office. Id. Meanwhile, Pizarro’s sexual harassment complaint against Cardona was not investigated. Id.

Pizarro alleges that her transfer to the Bayamon office exacerbated her mental health condition; consequently, she requested a return to the Areeibo office as an accommodation. Id, at p. 6. During Pizarro’s time at the Bayamon office, Hacienda allegedly shared her mental health condition with another coworker who looked for an opportunity to discredit her [373]*373and.remove her from the workplace. Id. Pizarro was suspended without pay when a co-worker informed Hacienda that she was afraid to share the breakroom with Pizarro during meals. Id. While at the Bayamon office, Pizarro applied for long-term disability benefits through MetLife insurance because she needed “periodic medical evaluations and rehabilitation” for her illness. Id. at p. 7. MetLife notified Hacienda that her application was accepted on November 11, 2015. Id.

Hacienda completed the sexual harassment investigation regarding Cardona’s accusations against Pizarro on' October 8, 2016. Id. The report “exonerated the plaintiff of the alleged harassment” charge. Id. at p. 6. Pizarro, however, was not notified of this outcome until after her employment was terminated.

On December 22, 2015, Pizarro received notification of her dismissal from Hacienda, effective retroactively on October 11, 2015.5 Id. Hacienda premised its decision to terminate Pizarro’s employment on the acceptance of her application for long-term disability benefits. Id. at p. 12.

On December 30, 2015, plaintiff filed a second claim with the Equal Employment Opportunity Commission (“EEOC”) alleging disability discrimination by Hacienda.6 Id. at p. 3. On March 30, 2016, Pizarro filed a third and final claim with the EEOC alleging sex discrimination, disability discrimination, and retaliation by Hacienda.7 Id. The EEOC closed all of Pizarro’s claims in June 2016, and issued three right-to-sue letters. (Docket No. 1-3.) Pizarro filed her complaint on September 7, 2016. (Docket No. 1.)

III. DISCUSSION

A. Individual Liability Pursuant to the ADA, Title Vil, and Puerto Rico Law

Defendants contend that Cardona cannot be sued in his individual capacity pursuant to the ADA. (Docket No. 19 at p. 8.) Pizarro counters that the only claims brought against Cardona are for gender discrimination and for the creation of a hostile working environment.8 (Docket No. 20 at p. 1.) Well-established precedent establishes that there is no individual liability pursuant to the ADA- or Title VII. Courts within this district and sister circuits have concluded that the language of the ADA “does not provide for individual liability, but only for employer liability.” Cardona-Roman v. Univ. of P.R., 799 F.Supp.2d 120, 128 (D.P.R. 2011) (Dominguez, J.); see also Spiegel v. Schulmann, 604 F.3d 72 (2d Cir. 2010); Wathen v. Gen. Elec. Co., 115 F.3d 400 (6th Cir.

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267 F. Supp. 3d 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pizarro-correa-v-puerto-rico-internal-revenue-department-prd-2017.