Davila-Feliciano v. Puerto Rico State Insurance Fund Corp.
2010 U.S. Dist. LEXIS 128792
D.P.R.2010Background
- Davila filed May 4, 2009 alleging Title VII, EPA, §1983, Law 100 and Law 69 claims against SIF and individual defendants.
- Defendants moved to dismiss and later for summary judgment; the court granted summary judgment on federal claims with prejudice and dismissed supplemental Law 100/69 claims without prejudice.
- Davila was an Administrative Officer in the SIF’s Corporate Security Area; she received promotions and raises and suffered no adverse employment actions during the relevant period.
- The 2006 Classification and Retribution Plan limited reclassifications to norm or study types; Davila’s duties and promotions occurred under prior practices, and some CSCs complained Davila interfered with their duties.
- Davila alleged gender-based discrimination and political discrimination (tied to PDP affiliations); she also asserted a pattern of discrimination and that a hostile environment existed.
- Davila’s EPA claim relied on wage disparity with CSCs and was unsupported by comparative evidence; supplemental Law 100 and Law 69 claims were dismissed without prejudice after federal claims were dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Title VII hostile work environment claim is timely and cognizable | Davila argues continuing violation anchors timely claims. | Defendants contend no actionable hostile environment; pre-2007 acts barred; lack of severity/pervasiveness. | No actionable hostile environment; claims time-barred or not sufficiently severe/pervasive. |
| Whether the §1983 political discrimination claim survives | Davila relies on continuing violation theory for political discrimination. | Discrete refusals to reclassify are time-barred acts; continuing doctrine not available for these claims. | §1983 political discrimination claims dismissed as time-barred for discrete acts; no viable continuing violation. |
| Whether the EPA claim survives | Davila asserts wage disparity between her and CSCs. | No comparative evidence; Davila lacks qualifications for CSC position; no EPA prima facie showing. | EPA claim fails for lack of proof of equivalent jobs and wage disparity. |
| Whether supplemental Law 100 and Law 69 claims are viable | Federal dismissal should not affect Puerto Rico claims. | Claims depend on federal jurisdictional basis; must be dismissed with federal claims. | Supplemental Law 100/Law 69 claims dismissed without prejudice. |
Key Cases Cited
- O'Rourke v. City of Providence, 235 F.3d 713 (1st Cir. 2001) (continuing violation context for hostile environment generally requires actionable basis within period)
- Morgan v. Nat’l R.R. Passenger Corp., 536 U.S. 101 (U.S. 2002) (discrete acts vs. ongoing violations; continuing violation doctrine context in Title VII)
- Dressler v. Daniel, 315 F.3d 75 (1st Cir. 2003) (continuing violation analysis guidance for hostile environment)
- Agusty-Reyes v. Dep't. of Educ. of P.R., 601 F.3d 45 (1st Cir. 2010) (standard for hostile environment under First Circuit; basing analysis on severity and pervasiveness)
- Quiles-Quiles v. Henderson, 439 F.3d 1 (1st Cir. 2006) (hostile environment factors and threshold for severity/pervasiveness)
- Gonzalez-De-Blasini v. Family Dept., 377 F.3d 81 (1st Cir. 2004) (political discrimination burden; evidence of animus required)