Rivera-Rivera v. Medina & Medina, Inc.

Facts

1. 3 Hiring discharge or employment terms satisfied triable

   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.

2. 3 Hiring discharge or employment terms satisfied triable

   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."

3. 3 Hiring discharge or employment terms satisfied triable

   Here, Rivera produces evidence that she was taunted about her age nearly every single day for over two years.

4. 3 Hiring discharge or employment terms satisfied triable

   We thus conclude that summary judgment was not appropriate and Rivera's age-based hostile work environment claim lives to see another day.

5. 9 Opposition or participation satisfied conceded

   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.

6. 9 Opposition or participation satisfied conceded

   There is no dispute here that Rivera engaged in protected conduct when she filed charges of discrimination with the EEOC and ADU.

7. 10 Judicial material-adversity standard for retaliation satisfied triable

   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."

8. 10 Judicial material-adversity standard for retaliation satisfied triable

   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."

9. 10 Judicial material-adversity standard for retaliation satisfied triable

   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.

10. 10 Judicial material-adversity standard for retaliation satisfied triable

    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.

11. 11 Retaliatory causal connection satisfied triable

    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.

12. 11 Retaliatory causal connection satisfied triable

    The evidence presented, in other words, provides a causal connection between the harassment she allegedly suffered and her protected actions.

13. 11 Retaliatory causal connection satisfied triable

    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.