Marrero-Valentín v. Puerto Rico CVS Pharmacy LLC et al.

Summary

The United States District Court for the District of Puerto Rico considered defendants’ motion for summary judgment in an employment-discrimination action brought by Josian Marrero-Valentín against Puerto Rico CVS Pharmacy LLC, CVS PR Holding Company LLC, and Luis Cruz. The claims involved alleged discrimination based on sexual orientation and disability, hostile work environment, retaliation, leave interference, wrongful disclosure of medical information, constructive discharge, and Puerto Rico-law claims. The court stated that the motion would be granted in part, including dismissal with prejudice of the federal claims and Law 44 claim, with the remaining state claims dismissed without prejudice.

Holdings

1. Plaintiff failed to establish that he suffered an adverse employment action because of his sexual orientation. The Title VII disparate-treatment claim was dismissed on summary judgment.
2. The alleged conduct did not amount to a severe or pervasive hostile work environment motivated by sex, and the hostile-work-environment claim was dismissed on summary judgment.
3. Plaintiff failed to establish a Title VII retaliation claim because the record did not sufficiently establish protected activity, the alleged retaliator's knowledge of that activity, or causation.
4. Plaintiff's FMLA wrongful-disclosure claim failed because he waived the issue by not responding to defendants' argument and, alternatively, did not present evidence that defendants disclosed records or documents created for FMLA purposes.
5. Plaintiff failed to establish FMLA eligibility and therefore could not maintain his interference claim based on delayed reinstatement.
6. The ADA and Puerto Rico Law 44 claims were dismissed with prejudice because plaintiff expressly waived and voluntarily dismissed them after extensive litigation and after defendants filed for summary judgment.
7. The court declined to exercise supplemental jurisdiction over the remaining Puerto Rico claims and dismissed them without prejudice.

Questions Presented

1. Whether plaintiff presented sufficient evidence of an adverse employment action and intentional discrimination under Title VII based on sexual orientation.
2. Whether the alleged comments and workplace treatment established a severe or pervasive hostile work environment under Title VII.
3. Whether plaintiff established protected activity, an adverse action, and causation for a Title VII retaliation claim.
4. Whether the FMLA creates or supports the asserted wrongful-disclosure claim and whether plaintiff presented evidence that FMLA-covered medical records or documents were disclosed.
5. Whether plaintiff established eligibility and interference with reinstatement rights under the FMLA.
6. Whether plaintiff's voluntary dismissal of the ADA and Law 44 claims should be with prejudice.
7. Whether the court should exercise supplemental jurisdiction over the remaining Puerto Rico claims.

Disposition

other