Martinez-Rivera v. Commonwealth of Puerto Rico
812 F.3d 69
| 1st Cir. | 2016Background
- Edna Martínez Rivera, a visibly disabled, long-time Puerto Rico VRA employee and member of the Popular Democratic Party, was stripped of duties and received a termination letter dated January 14, 2010 (acknowledged January 15), effective February 19, 2010. She alleges political, disability, and age discrimination.
- Martínez filed an EEOC charge (July 12, 2010; amended Aug. 17, 2010) alleging political and disability discrimination; she requested a right-to-sue letter February 2, 2011 and received one March 18, 2011.
- Martínez sued in federal court on February 17, 2011, naming multiple defendants and pleading claims under 42 U.S.C. § 1983 (political discrimination), § 1981 and § 2000d (mentioned but waived), the ADA (disability), the ADEA (age), and several Puerto Rico-law causes of action.
- The district court dismissed the § 1983 claim as unexhausted and time-barred and then (without explanation) dismissed all other federal claims with prejudice and declined supplemental jurisdiction over local-law claims.
- On appeal, the First Circuit reviewed exhaustion and timeliness issues, holding exhaustion is not required for § 1983 political-discrimination claims, but Martínez’s § 1983 claim is time-barred; it reversed dismissal of the ADA claim (defendants waived right-to-sue argument) and affirmed dismissal of the ADEA claim for failure to exhaust; it remanded with instructions to reinstate local-law claims if the ADA claim survives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether administrative exhaustion of EEOC/agency remedies is required before bringing a § 1983 political-discrimination claim | Martínez: No exhaustion required for § 1983; she had filed EEOC charge anyway | Defendants: She had to exhaust; district court dismissed on that basis | Held: Exhaustion is not a precondition for § 1983 political-discrimination suits (Patsy governs); district court erred on this point |
| Whether Martínez’s § 1983 claim is time-barred | Martínez: Limitations began when she learned replacement hires showed political motive (after Feb 19, 2010) or EEOC filing tolled limitations | Defendants: Limitations began Jan 15, 2010 (receipt of termination letter); suit filed Feb 17, 2011 was too late | Held: Limitations began Jan 15, 2010; filing Feb 17, 2011 was untimely; EEOC charge did not toll the § 1983 limitations period; § 1983 claim is time-barred |
| Whether failure to receive EEOC right-to-sue before filing barred ADA claim | Martínez: Right-to-sue later issued; defendants have waived position | Defendants: Initially argued premature suit required dismissal; later waived the right-to-sue defense at argument | Held: Right-to-sue requirement is a non-jurisdictional precondition subject to waiver/equitable doctrines; defendants waived objection; ADA claim reinstated |
| Whether ADEA claim survives given EEOC charge content | Martínez: Concedes exhaustion required | Defendants: Charge did not include age claim | Held: ADEA claim dismissed for failure to exhaust because EEOC charge did not allege age discrimination |
Key Cases Cited
- Patsy v. Bd. of Regents of State of Fla., 457 U.S. 496 (1982) (administrative exhaustion not required for § 1983 suits)
- Morris v. Gov't Dev. Bank of P.R., 27 F.3d 746 (1st Cir. 1994) (limitations for § 1983 borrow state personal-injury period; accrual when plaintiff knows of the injury)
- Burnett v. Grattan, 468 U.S. 42 (1984) (Reconstruction-era civil-rights acts exist independent of other administrative remedies)
- Johnson v. Ry. Express Agency, 421 U.S. 454 (1975) (EEOC charge does not toll the limitations period for a § 1981 action)
- Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (1982) (timely-charge requirement is mandatory but not jurisdictional; equitable exceptions available)
- Arbaugh v. Y & H Corp., 546 U.S. 500 (2006) (distinguishing jurisdictional prerequisites from nonjurisdictional statutory requirements)
- Álamo-Hornedo v. Puig, 745 F.3d 578 (1st Cir. 2014) (discussing Law 7 and related employment-dispute principles)
- Marrero-Gutiérrez v. Molina, 491 F.3d 1 (1st Cir. 2007) (limitations accrue when plaintiff knows or should know of the injury)
- Rodríguez–García v. Mun. of Caguas, 354 F.3d 91 (1st Cir. 2004) (requirements for tolling under Puerto Rico law: identity of defendants, claims, and relief)