Raul Rivera-Aponte v. Restaurant Metropol 3, Inc. D/B/A Restaurant Metropol

338 F.3d 9, 2003 U.S. App. LEXIS 14927, 84 Empl. Prac. Dec. (CCH) 41,450, 92 Fair Empl. Prac. Cas. (BNA) 752
CourtCourt of Appeals for the First Circuit
DecidedJuly 28, 2003
Docket02-1923
StatusPublished
Cited by55 cases

This text of 338 F.3d 9 (Raul Rivera-Aponte v. Restaurant Metropol 3, Inc. D/B/A Restaurant Metropol) 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.

Bluebook
Raul Rivera-Aponte v. Restaurant Metropol 3, Inc. D/B/A Restaurant Metropol, 338 F.3d 9, 2003 U.S. App. LEXIS 14927, 84 Empl. Prac. Dec. (CCH) 41,450, 92 Fair Empl. Prac. Cas. (BNA) 752 (1st Cir. 2003).

Opinion

TORRUELLA, Circuit Judge.

Appellant Raúl Rivera Aponte 1 (“Rivera”) challenges the district court’s entry of summary judgment in favor of his former employer, appellee Restaurant Metro-pol # 3, Inc. (“Metropol”), on Rivera’s age discrimination claim. We find that Rivera has failed to demonstrate a trial worthy issue of discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and affirm the district court’s decision.

I. Standard of Review

We review the district court’s grant of summary judgment de novo, construing the record in the light most favorable to the non-moving party, and granting all reasonable inferences in his favor. Rosenberg v. City of Everett, 328 F.3d 12, 17 (1st Cir.2003). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c) (2003). A “genuine issue” as to a “material fact” must be supported by “such evidence that a reasonable jury, drawing favorable inferences, could resolve it in favor of the nonmoving party.” Triangle Trading Co. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st Cir.1999) (quotation omitted). We will affirm the district court’s grant of summary judgment in favor of the employer unless there is “evidence sufficient for a factfinder to reasonably conclude that [the employer’s] decision to terminate was driven by a discriminatory animus.” Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 673 (1st Cir. 1996). Finally, we may affirm the decision on any grounds apparent in the record. Rosenberg, 328 F.3d at 17.

II. Background

Before Metropol opened on June 29, 1998, Rivera and Alberto Nogueras, a busboy at the restaurant, had an altercation, during which Rivera threw or accidentally dropped a tray full of drinking glasses on Nogueras. Nogueras was cut by the glasses and received twelve stitches at the hospital. The manager of the restaurant interviewed employees regarding the incident; after determining that Rivera was the aggressor, the manager fired Rivera later that day.

At the time of his discharge, Rivera was fifty-five years old and had been a waiter at Metropol for eight or nine years.

Rivera filed suit in June 1999, alleging age discrimination under the ADEA and similar Puerto Rican statutes. On June 3, 2002, the district court granted summary judgment for Metropol on the federal ADEA claim, and dismissed Rivera’s commonwealth claims without prejudice. This appeal of the ADEA claim followed.

III. Discussion

The ADEA makes it unlawful for an employer to “discharge any individual ... because of such individual’s age.” 29 U.S.C. § 623(a)(1) (2003).' In an ADEA wrongful discharge case, the plaintiff must *11 prove that he would not have been fired but for his age. Serrano-Cruz v. DFI P.R., Inc., 109 F.3d 23, 25 (1st Cir.1997). Where, as here, there is no evidence of direct discrimination, the familiar McDonnell Douglas burden-shifting framework governs. Id.; see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

A plaintiff makes a prima facie case of discrimination under McDonnell Douglas by showing that (1) he was at least forty years old; (2) he met the employer’s legitimate job expectations; (3) he was fired; and (4) the employer did not treat age neutrally. Pages-Cahue v. Iberia Líneas Aéreas de España, 82 F.3d 533, 536 (1st Cir.1996). The fourth element requires the plaintiff to produce “evidence adequate to create an inference that an employment decision was based on an illegal discriminatory criterion.” O’Connor v. Consol. Coin Caterers Corp., 517 U.S. 308, 312, 116 S.Ct. 1307, 134 L.Ed.2d 433 (1996) (quotation omitted).

The initial prima facie case is not burdensome and raises a rebuttable presumption of unlawful discrimination. Woodman v. Haemonetics Corp., 51 F.3d 1087, 1091 (1st Cir.1995). The burden then shifts to the defendant to articulate a legitimate, non-discriminatory reason for the adverse employment action. Mesnick v. Gen. Elec. Co., 950 F.2d 816, 823 (1st Cir.1991). If the employer makes this showing, the presumption of discrimination disappears, and the burden shifts back to the employee. Id. The plaintiff must then show, without resort to the presumption created by the prima facie case, that the employer’s explanation is a pretext for age discrimination. Id.

A. Legitimate, Non-discriminatory Reason

We assume arguendo that Rivera can establish a prima facie case. Metropol offers a legitimate, non-discriminatory reason for discharging Rivera: Rivera assaulted and injured another employee while at work.. Rivera had received a copy of Metropol’s employment manual, which warns that an employee’s attack, aggression, assault, or threat of aggression against a supervisor or fellow employee justifies Metropol’s immediate termination of that employee. Rivera’s behavior violated Metropol’s rules of conduct, and the restaurant took swift disciplinary action. The restaurant has met its burden of production and the ultimate burden now rests with Rivera to prove his discharge was motivated by discriminatory animus. See Mesnick, 950 F.2d at 823.

B. Evidence of Discrimination

Now that the burden has shifted back to Rivera, he must come forward with sufficient evidence to permit a reasonable fact-finder to conclude that his employer’s stated reason for discharge was a pretext for age discrimination. After considering his arguments and reviewing the record, we find that he has not shown that a genuine issue exists as to the reason for his termination.

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338 F.3d 9, 2003 U.S. App. LEXIS 14927, 84 Empl. Prac. Dec. (CCH) 41,450, 92 Fair Empl. Prac. Cas. (BNA) 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raul-rivera-aponte-v-restaurant-metropol-3-inc-dba-restaurant-metropol-ca1-2003.