United States Court of Appeals for the First Circuit · 2018-08-01
29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
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; claim:
Uncertainty
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
Misfit
None recorded
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 31
| Case | Employer coverage and exclusions | Age forty or older | Hiring discharge or employment terms | Judicial but-for standard for age-based treatment | Route-conditioned statutory f(1) and f(2) alternatives | Conditional state firefighter and law-enforcement hiring or retirement |
|---|---|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 31
| Case | Age sixty-five executive or high-policymaker compulsory retirement | Judicial impact requirement to identify a particular practice | Judicial impact requirement of significant causal disparity | Covered employment agency | Covered labor organization | Opposition or participation |
|---|---|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–18 of 31
| Case | Judicial material-adversity standard for retaliation | Retaliatory causal connection | Agency referral discrimination | Membership classification referral or causing discrimination | Employer agency or union advertiser | Age-based notice or advertisement |
|---|---|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 19–24 of 31
| Case | Wage reduction to comply | Employer agency union or combination maintaining a pension plan | Establish or maintain an employee pension benefit plan | Age-based accrual or allocation cessation or reduction | Subsection i pension qualifications and compliance | Conditional bona fide seniority system or benefit plan |
|---|---|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 25–30 of 31
| Case | Narrow bona fide occupational qualification | Displayed scope and specialized exclusions | Charge filing waiver and remedies | Foreign workplace conflict with local law | Good cause for employer discharge or discipline | Judicial outside-applicant coverage limit where circuit precedent controls |
|---|---|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 31–31 of 31
| Case | Reasonable factors other than age |
|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Hiring discharge or employment terms | satisfied Counted merits instance applied / merits basis: triable | daily-age-taunts-by-owners-and-general-manager-as-hostile-work-environment | 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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [22281:22649] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.Here, Rivera produces evidence that she was taunted about her age nearly every single day for over two years.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [27936:28045] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.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."Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [27502:27736] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.We thus conclude that summary judgment was not appropriate and Rivera's age-based hostile work environment claim lives to see another day.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [28634:28772] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6. |
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · conceded (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Opposition or participation | satisfied Counted merits instance applied / merits basis: conceded | filing-eeoc-and-adu-charges | 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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [3896:4185] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.There is no dispute here that Rivera engaged in protected conduct when she filed charges of discrimination with the EEOC and ADU.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [30881:31010] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6. |
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Retaliatory causal connection | satisfied Counted merits instance applied / merits basis: triable | termination-threats-expressly-tied-to-the-charges | 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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [33331:33525] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [38149:38270] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.The evidence presented, in other words, provides a causal connection between the harassment she allegedly suffered and her protected actions.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [35633:35774] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6. |
| Rivera-Rivera v. Medina & Medina, Inc. — 898 F.3d 77 (2018) · United States Court of Appeals for the First Circuit · 2018 — satisfied · triable (29usc623: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Judicial material-adversity standard for retaliation | satisfied Counted merits instance applied / merits basis: triable 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. | daily-threats-of-termination-after-charge-then-resignation | 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."Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [33750:34052] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.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."Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [34262:34438] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [35775:35995] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6.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.Source: docroot/ir/caselaw/f3d_898.jsonl#/f3d/898/0077-01; Unicode character offsets [35996:36297] (end exclusive); SHA-256 be64c8b4debd470b0441ae1b9da004135e2b7606cc80df001bc6df2750d2e3d6. |