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cases/29usc623/f3d-898-77-rivera-rivera-v-medina-medina.case

Source: cases/29usc623/f3d-898-77-rivera-rivera-v-medina-medina.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_898/0077_01/index.html

Verbatim annotated passages

we have also made clear that "[f]requent incidents of harassment, though not severe, can reach the level of 'pervasive,' thereby altering the terms, conditions, or privileges of employment such that a hostile work environment exists."
We thus conclude that summary judgment was not appropriate and Rivera's age-based hostile work environment claim lives to see another day.
There is no dispute here that Rivera engaged in protected conduct when she filed charges of discrimination with the EEOC and ADU.
A reasonable person could surely be dissuaded from reporting her employer's discriminatory acts if she knows she will be continuously threatened with termination as a direct result of protesting discriminatory treatment.
Given that Rivera alleges she was regularly threatened and intimidated with firing because she reported Medina for alleged discrimination, we believe there is at least a question of fact as to whether such harassment was severe or pervasive enough to constitute a retaliatory hostile work environment.
The evidence presented, in other words, provides a causal connection between the harassment she allegedly suffered and her protected actions.

Exact source text

casedsl 1.2
# author: Flash2 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)

case /f3d/898/0077-01
  name    Rivera-Rivera v. Medina & Medina, Inc.
  cite    898 F.3d 77 (2018)
  court   United States Court of Appeals for the First Circuit
  date    2018-08-01
  url     catalog/cases/f3d/volume_898/0077_01/index.html
  source  ir/caselaw/f3d_898.jsonl sha1=a4de26ad209b8e50ae397a75d06b71178527bad2 chars=53950

opinion maj : majority by Thompson @0..53950 controlling

law 29usc623
  role    applied
  posture civil; ADEA hostile work environment and retaliation; summary judgment for employer reversed as to both ADEA claims by CA1 (Title VII wage and gender claims affirmed)
  result  claimant-won

? other: result is claimant-won as to the ADEA claims actually litigated (age hostile environment, retaliation); the court deemed an ADEA wage-disparity theory waived in a footnote, and the affirmed parts of the judgment are Title VII claims

element employment-action : satisfied [triable]
  route   terms-and-conditions
  pattern daily-age-taunts-by-owners-and-general-manager-as-hostile-work-environment
  fact @22281..22649 [supports] | According to Rivera's statement-made under penalty of perjury, mind you--she was called "vieja" and told her age made her "useless" and "worthless"; she was excoriated for being "old" and "slow"; and she even was told she should seek out social security benefits and resign before getting terminated because her age interfered with the functions and duties of her job.
  fact @27936..28045 [supports] | Here, Rivera produces evidence that she was taunted about her age nearly every single day for over two years.
  rule @27502..27736 | we have also made clear that "[f]requent incidents of harassment, though not severe, can reach the level of 'pervasive,' thereby altering the terms, conditions, or privileges of employment such that a hostile work environment exists."
  held @28634..28772 | We thus conclude that summary judgment was not appropriate and Rivera's age-based hostile work environment claim lives to see another day.

element protected-activity : satisfied [conceded]
  route   participation
  pattern filing-eeoc-and-adu-charges
  fact @3896..4185 [supports] | While on sick leave, Rivera filed a Charge of Discrimination with the Puerto Rico Department of Labor Antidiscrimination Unit ("ADU"), as well as a similar charge with the Equal Employment Opportunity Commission ("EEOC") alleging that she suffered from age, sex, and gender discrimination.
  held @30881..31010 | There is no dispute here that Rivera engaged in protected conduct when she filed charges of discrimination with the EEOC and ADU.

element retaliatory-adversity : satisfied [triable]
  route   _whole
  pattern daily-threats-of-termination-after-charge-then-resignation
  fact @33750..34052 [supports] | Indeed, Rivera explained that after she filed the charges, Pepín "screamed and shouted [at] me, and intimidated me by telling me that I was going to be discharged due to the discrimination charge[s] filed[,]" and that he "also referred to me with foul language, due to the discrimination charge filed."
  fact @34262..34438 [supports] | But, upon her return back to work, she was "immediately" threatened once more with termination and was, again, shouted and screamed at "due to the discrimination charge filed."
  rule @35775..35995 | A reasonable person could surely be dissuaded from reporting her employer's discriminatory acts if she knows she will be continuously threatened with termination as a direct result of protesting discriminatory treatment.
  held @35996..36297 | Given that Rivera alleges she was regularly threatened and intimidated with firing because she reported Medina for alleged discrimination, we believe there is at least a question of fact as to whether such harassment was severe or pervasive enough to constitute a retaliatory hostile work environment.
  gloss The employer argued that post-charge harassment merely continued the pre-charge shouting; the court answered that the termination threats were new and tied to the charges. The court sustained a retaliatory constructive-discharge theory on the same evidence.

element retaliation-causation : satisfied [triable]
  route   _whole
  pattern termination-threats-expressly-tied-to-the-charges
  fact @33331..33525 [supports] | In her affidavit (again, under penalty of perjury) Rivera explained that mere days following her filing of the EEOC and ADU charges, she began being subjected to threats of termination by Pepín.
  fact @38149..38270 [supports] | Here, Rivera was told on a repeated basis that she would be fired due to her filing of the charges with the ADU and EEOC.
  held @35633..35774 | The evidence presented, in other words, provides a causal connection between the harassment she allegedly suffered and her protected actions.