Rodriguez-Quiñones v. Lehigh Safety Shoe, Co.

736 F. Supp. 2d 445, 2010 WL 3516488
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 9, 2010
DocketCivil No. 09-1055 (FAB)
StatusPublished
Cited by2 cases

This text of 736 F. Supp. 2d 445 (Rodriguez-Quiñones v. Lehigh Safety Shoe, Co.) 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
Rodriguez-Quiñones v. Lehigh Safety Shoe, Co., 736 F. Supp. 2d 445, 2010 WL 3516488 (prd 2010).

Opinion

OPINION & ORDER

BESOSA, District Judge.

Before the Court is defendants’ motion for summary judgment (Docket No. 35). Having considered the motion for summary judgment, plaintiffs’ response in opposition, and defendants’ reply, the Court GRANTS IN PART AND DENIES IN PART the motion for summary judgment.

DISCUSSION

I. Background

A. Procedural Background

On February 12, 2009, plaintiff Juan B. Rodríguez-Quiñones (“Rodriguez” or “plaintiff’) filed an amended complaint against Lehigh Safety Shoe, Co. (Lehigh), Jim Murphy (“Murphy”), his wife, and their conjugal partnership (collectively “defendants”). (Docket No. 7 at ¶¶ 5-8.) The amended complaint alleges claims of employment discrimination pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634, Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2000e-15, 42 U.S.C. § 1983 (“section 1983”),1 Puerto Rico Law 80 (“Law 80”), P.R. Laws Ann. tit. 29, §§ 185a-185m, Puerto Rico Law 100 (“Law 100”), P.R. Laws Ann. tit. 29, §§ 146-51, and Articles 1802 and 1803 of the Puerto Rico Civil Code (“Articles 1802 and 1803”), P.R. Laws Ann. tit. 31, §§ 5141-5142. Id. at ¶¶ 1-3. The amended complaint also alleges claims of retaliation pursuant to “[the Puerto Rico] whistler blower act [sic], state law against retaliation, and equivalent Federal Labor Laws (United States Code).” Id. at ¶ 3.

On June 25, 2010, defendants filed a motion for summary judgment arguing that: (1) Rodriguez has failed to establish a prima facie case of age discrimination; (2) Rodriguez has failed to show that defendants’ nondiscriminatory reason for terminating his employment is pretext for discrimination; (3) defendants have presented sufficient evidence to prevail on the Law 100 claim; (4) Rodriguez has failed to provide any evidence to support a claim under Title VII or section 1983; and (5) Rodriguez has failed to submit any evidence regarding protected conduct necessary to maintain his retaliation claims. (Docket Nos. 35 & 35-55.) Defendants also state that Rodriguez’s administrative claims before the Puerto Rico Anti-discrimination Unit (“ADU”) and the Equal Employment Opportunity Commission (“EEOC”) were dismissed with prejudice by those agencies. (Docket No. 35-55 at 30-31.) On August 17, 2010, Rodriguez filed an opposition to the motion for summary judgment arguing that: (1) he had established a prima facie case of age discrimination; (2) defendants’ justification for terminating his employment was pretext because, inter alia, he committed no misrepresentation; and (3) comments al[450]*450legedly made by Murphy revealed an age-based discriminatory animus. On August 31, 2010, defendants filed a reply. (Docket No. 51.)

B. Uncontested Facts2

Rodriguez was born on June 20, 1937. (Docket No. 35-1 at ¶ 1; Docket No. 45-1 at ¶ 1; Docket No. 35-3.) At fifty-seven years old, Rodriguez started working for Lehigh on or around February of 1995 in the position of District Sales Manager for Puerto Rico. (Docket No. 35-1 at ¶ 2-3; Docket No. 45-1 at ¶ 2-3; Docket Nos. 35-3 & 35-4.) In 2005, Rodriguez received a copy of the 2005 Employee Handbook. (Docket No. 35-1 at ¶ 4; Docket No. 45-1 at ¶ 4; Docket No. 35-5.) In 2006, the Employee Handbook was revised to include a Progressive Disciplinary Policy establishing rules of conduct and different types of offenses. (Docket No. 35-1 at ¶ 5-6; Docket No. 45-1 at ¶ 5-6; Docket No. 35-6 at 18-22.) Offenses categorized as “Type A” are considered extremely serious misconduct and may result in immediate suspension and/or termination of employment if those offenses occur while on Company time, on premises owned or occupied by the Company, on Company business, or while representing the Company. Id. One “Type-A” offense, listed as “A-13”, is described as “[falsification or misrepresentation of any information while seeking employment or while in the employment of the company.” (Docket No. 35-1 at ¶ 7; Docket No. 45-1 at ¶ 7; Docket No. 35-6 at 20.) Rodriguez had seen a copy of the 2006 Employee Handbook at the time of his employment with Lehigh. (Docket No. 35-1 at ¶ 8; Docket No. 45-1 at ¶ 8; Docket No. 35-7.)

On April 1, 2007, an Addendum to the Employee Handbook (“Addendum”) was approved by Joseph A. Speach (“Speach”), Vice President of Human Resources. (Docket No. 35-1 at ¶ 9; Docket No. 45-1 at ¶ 9; Docket No. 35-8.) On June 7, 2007, Rodriguez acknowledged receiving a copy of the Addendum. (Docket No. 35-1 at ¶ 10; Docket No. 45-1 at ¶ 10; Docket No. 35-9.) The Addendum provides for a personal leave of absence, stating “[y]ou may be granted a Personal Leave of up to 30 days for compelling personal reasons with the written approval of your supervisor and Human Resources.” (Docket No. 35-1 at ¶ 11; Docket No. 45-1 at ¶ 11; Docket No. 35-8 at 11.) When distributing the Employee Handbook and Addendum, it was customary for Speach to conduct a conference call with Rodriguez to discuss and explain everything included in these documents, before sending him a copy of the Handbook and Addendum. (Docket No. 35-1 at ¶ 12; Docket No. 45-1 at ¶ 12; Docket No. 35-10 at 2.)

From August through December of 2006, Rodriguez told his supervisor, Murphy, on various occasions that due to his wife’s illness and medical treatment he was planning to either take an extended leave of absence or retire.3 (Docket No. 35-1 at ¶ 13; Docket No. 45-1 at ¶ 13; Docket No. 35-11.) Murphy asked Rodriguez to stay with the Company for a couple of months until a replacement could be recruited. (Docket No. 35-1 at ¶ 14; Docket No. 45-1 at ¶ 14; Docket No. 35-11.) The Company [451]*451immediately began recruitment efforts to find a District Sales Manager to replace Rodriguez upon his retirement. (Docket No. 35-1 at ¶ 16; Docket No. 45-1 at ¶ 16; Docket No. 35-13.) Rodriguez was aware that the Company had published ads in local newspapers to find candidates to take his position, and had originally given Murphy the telephone numbers of local newspapers for that purpose. Id. Advertisements were placed in The San Juan Star on October 15, 2006, and in El Nuevo Dia on December 3, 2006, for the position of District Sales Representative. (Docket No. 35-1 at ¶ 17; Docket No. 45-1 at ¶ 17; Docket No. 35-14.)

Rodriguez recommended his son Eric Javier Rodriguez to Murphy as a possible candidate for his replacement. (Docket No. 35-1 at ¶ 18; Docket No. 45-1 at ¶ 18; Docket No. 35-15.) During the search for his replacement, Rodriguez spoke to Murphy, who told him that none of the candidates that had applied for the position were qualified. (Docket No. 35-1 at ¶ 19; Docket No. 45-1 at ¶ 19; Docket No. 35-17 at 1.)

Rodriguez attended Lehigh’s National Sales Meeting in December of 2006. (Docket No. 35-1 at ¶ 20; Docket No. 45-1 at ¶ 20; Docket No. 35-18.) At an awards ceremony held at the National Sales Meeting, Murphy announced that Rodriguez was retiring and presented him with a wristwatch as a retirement gift. Id. At the time of the National Sales Meeting, Rodriguez still intended to retire. Id.

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736 F. Supp. 2d 445, 2010 WL 3516488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-quinones-v-lehigh-safety-shoe-co-prd-2010.