Vélez-Ramírez v. Puerto Rico Ex Rel. Secretary of Justice
827 F.3d 154
1st Cir.2016Background
- Vélez worked as a contract health educator for Puerto Rico’s Department of Corrections and Correctional Health Services Corporation (CHSC).
- She was diagnosed with diabetic retinopathy in 2007; in Feb. 2010 she requested reasonable accommodations and underwent eye surgery, then stopped coming to work.
- CHSC denied her accommodation request as she was treated as an independent contractor; later CHSC recommended contract renewal and an automated intranet notice was sent to all contractors.
- Vélez knew the renewal procedures and deadline but did not submit renewal paperwork; her contract expired in June 2010 and was not renewed.
- Vélez applied for vocational rehabilitation benefits stating her condition prevented work, filed an EEOC charge, then sued under the ADA alleging discharge, refusal to rehire, and retaliation.
- The district court granted summary judgment for defendants; the First Circuit affirmed, concluding defendants offered a legitimate, nondiscriminatory reason for non-renewal (failure to submit paperwork).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of reasonable accommodations constituted an actual discharge | Denial equaled discharge | Denial is distinct from discharge; letter did not discharge her | Denial alone is not an actual discharge; no discharge shown |
| Whether plaintiff was constructively discharged | Employer’s conduct forced her to leave | She never resigned; constructive discharge requires resignation | No constructive discharge (she conceded she did not resign) |
| Whether non-renewal was discriminatory pretext | Failure to notify via phone/mail showed intent to avoid rehiring due to disability | Non-renewal based on neutral policy and plaintiff’s failure to submit required paperwork | Non-renewal lawful; defendants offered legitimate, non-discriminatory reason; no pretext shown |
| Whether refusal to rehire was retaliatory for requesting accommodations | Refusal to rehire was retaliation for accommodation request | Decision motivated by failure to submit renewal paperwork; no evidence of retaliation | Retaliation claim fails for lack of evidence rebuking stated non-retaliatory reason |
Key Cases Cited
- Milner v. Dep't of Navy, 562 U.S. 562 (2011) (statutory provisions should not be read as superfluous)
- Sensing v. Outback Steakhouse of Fla., LLC, 575 F.3d 145 (1st Cir. 2009) (facts where repeated refusals to let employee return amounted to actual discharge)
- Green v. Brennan, 136 S. Ct. 1769 (2016) (elements for constructive discharge require resignation and objective compulsion)
- Pa. State Police v. Suders, 542 U.S. 129 (2004) (constructive discharge standard and resignation requirement)
- Raytheon Co. v. Hernandez, 540 U.S. 44 (2003) (ADA prohibits disparate treatment based on disability)
- Colón-Fontánez v. Municipality of San Juan, 660 F.3d 17 (1st Cir. 2011) (summary judgment standard and ADA framework)
- Collazo-Rosado v. Univ. of Puerto Rico, 765 F.3d 86 (1st Cir. 2014) (courts are not "super-personnel departments")