Case 3:16-Cv-01585 Document 1 Filed 03/31/16 Page 1 of 34

Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 1 of 34

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

INÉS MARÍA JELÚ IRAVEDRA, * * CIVIL NO. Plaintiff, * * RE: CIVIL RIGHTS v. * * MUNICIPALITY OF GUAYNABO; and * PLAINTIFF DEMANDS HÉCTOR O’NEILL-ROSA, * TRIAL BY JURY * Defendants. * *******************************

COMPLAINT

TO THE HONORABLE COURT:

NOW INTO THIS COURT, through the undersigned counsel, comes the Plaintiff and respectfully states, alleges and requests, as follows:

I. NATURE OF ACTION

1.1 Plaintiff Inés María Jelú-Iravedra (“Jelú” or

“Plaintiff”) brings this action, pursuant to Title VII of the

Civil Rights Act of 1964 (“Title VII”) against her former employer, the Municipality of Guaynabo (“The Municipality” or

“Defendant”), and Héctor O’Neill-Rosa (“O’Neill-Rosa”).

1.2 Jelú claims herein under that O’Neill-Rosa subjected her to a pattern of sexual harassment that included unconsented physical contacts, and unwelcomed explicit invitations to have sexual intercourse and sexual remarks, which was sufficiently severe or pervasive so as to alter the conditions of her employment and create an abusive and hostile work environment. Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 2 of 34

1.3 Plaintiff also claims herein below that The

Municipality knew about O’Neill-Rosa’s unlawful conduct and failed to take immediate and appropriate corrective action, thereby emboldening the harasser to continue his misconduct and thus, Defendant can be deemed to have adopted the offending conduct and its results, quite as if they had been authorized affirmatively as the employer’s policy. Instead of taking prompt remedial action, The Municipality engaged in a pattern of retaliation against Jelú and, finally, constructively discharged her for having complained of sexual harassment to the Equal Employment Opportunity Commission

(“EEOC”).

1.4 Jelú also brings this complaint against The

Municipality for sexual harassment and retaliation under the local counterparts of Title VII; and, against both The

Municipality and O’Neill-Rosa for assault, battery, breach of the peace, stalking, threats, defamation, undue intrusions into her private life, character assassination and attacks to her professional reputation, in violation of her constitutional right to privacy and dignity.

1.5 Plaintiff demands trial by jury.

II. JURISDICTION

2.1 This Honorable Court has subject matter jurisdiction to allow this suit pursuant to 28 U.S.C. § 1331. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title

VII, as amended, 42 U.S.C. § 2000c-(5)(f)(1) and (3).

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2.2 This Honorable Court has personal jurisdiction over this civil action because the employment practices and other acts alleged to be unlawful were committed and the damages were suffered by Plaintiff within the jurisdiction of the

United States District Court, District of Puerto Rico.

2.3 Pursuant to 42 U.S.C. § 1367(a), this Honorable

Court has supplemental jurisdiction over the pendent claims raised herein by Plaintiff, pursuant to Law No. 17 of April

22, 1988 (29 L.P.R.A. §§ 155 et. seq.; henceforth “Act 17”),

Law No. 100 of June 30, 1959 (29 L.P.R.A. §§ 146 et. seq., henceforth “Act 100”), Law No. 69 of July 6, 1985 (29 L.P.R.A.

§ 1321 et. seq.; henceforth “Act 69”), Articles 1801 and 1802 of the Puerto Rico Civil Code (31 L.P.R.A. §§ 5141 and 5142; henceforth “General Tort Statute”), since they are so related to the aforestated federal claims that they all form part of the same case or controversy under Article III of the

Constitution of the United States of America.

2.4 On July 30, 2015, Plaintiff filed timely charges of employment discrimination with the Anti-Discrimination Unit of the EEOC. More than 180 have elapsed since the filing of the charge in the case of reference on July 30, 2015, without the

EEOC having taken any action.

III. PARTIES TO THE ACTION

3.1 Jelú is an adult female individual and a citizen of the United States of America, who resides in the Commonwealth of Puerto Rico.

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3.2 At all times relevant herein, Jelú was an employee of The Municipality, within the meaning of the applicable statutes, who fulfilled duties for Defendant, as Attorney III, at its Legal Division located in City Hall in Guaynabo, Puerto

Rico (henceforth “Legal Division”).

3.3 At all times relevant herein, Jelú was duly qualified to carry out the duties assigned to her in the position of Attorney III; she performed her functions with a high degree of excellence, diligence and interest in her work; and, she expected to be treated in a professional and respectful manner at the workplace by her supervisors and third party-invitees, without the fear of being the object of discrimination or of being subjected to hostile and abusive conduct by reason of her sex or to reprisals for having complained of sexual harassment.

3.4 The Municipality is a city, or municipal entity, with the capacity to sue and/or be sued, located within the

Commonwealth of Puerto Rico.

3.5 At all times relevant herein, The Municipality was an “employer” within the meaning of the applicable statutes, which engaged in an industry affecting commerce and employed more than 500 regular employees.

3.6 O’Neill-Rosa is an adult male and son of the Mayor of

The Municipality, Hon. Héctor O’Neill-García (“Mayor O’Neill-

García”), who performed functions and fulfilled duties for the

New Progressive Party (“NPP”) in Guaynabo, P.R. As such,

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O’Neill-Rosa frequented City Hall, including the Legal

Division where Plaintiff worked.

3.7 At all times relevant herein, Ana Quintero

(“Quintero”) was an employee of The Municipality, acting within the course and scope of such agency and employment, who performed managerial, administrative and/or supervisory functions, and fulfilled duties for Defendant in the Legal

Division.

IV. FACTUAL ALLEGATIONS

A. The Sexual Harassment.

4.1 On July 15, 2012, Jelú started working at the post of

Attorney II of the Legal Division of The Municipality, under the supervision of the then Director, Hector Hoyos.

4.2 Since Jelú’s arrival at the Legal Division in July of

2012, and up to July of 2015 -- that is, for an uninterrupted period of three years -- O’Neill-Rosa, with the full knowledge and consent of The Municipality, continuously subjected her to a pattern of unwanted sexual advances consisting of:

a) lustful glances and gestures;

b) comments of a sexual nature;

c) explicit invitations to have sex;

d) stalking and persecution;

e) at all hours, constant calls and text messages to her cell phone; and,

f) lascivious physical contacts without her consent.

4.3 Also during said three-year period, O'Neill-Rosa repeatedly told Jelú that if she did not submit to his sexual

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advances, The Municipality was going to fire her because he influenced the employment decisions of his father, Mayor

O’Neill-García.

4.4 During Jelú’s first month of employment, O’Neill-Rosa went into her office uninvited. After greeting Jelú, O’Neill-

Rosa hugged her tightly, grinding his genitals against her body; he grabbed her buttocks and fondled her breasts; and he kissed her on the mouth and neck. While doing this, O’Neill-

Rosa told Jelú that he liked her a lot and that she had him very horny. When Jelú was able to break away from his embrace, she told O’Neill-Rosa to leave her alone, that she had no interest in him and that she did not want him to affect her work. O’Neill-Rosa replied that it was just the opposite, because all the female employees who were working there had to be available to him and have his total trust; and that it would be an advantage for her to submit to him and keep him happy, because no one else was going to touch her there and he was going to obtain many employment benefits for her.

4.5 After the occurrence of the incident narrated in the foregoing paragraph, O’Neill-Rosa -- two to five times per month -- would walk into Jelú’s office uninvited and repeat the same behavior or engage in similar sexually-charged conduct.

4.6 On one of these occasions that O’Neill-Rosa unexpectedly appeared at Jelú’s office, he greeted her with a tight hug and fondled her body, introduced his hand inside her

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underwear and touched her genitalia. She immediately reacted by suddenly pulling his hand out of her underwear, accidentally causing his hand to hurt her genitals, and pushing him away from her.

4.7 During another unannounced visit to Jelú’s office, and while she was sitting at her desk, O'Neill-Rosa dropped his pants, pulled out his penis, placed it close to her face and told her to suck it. She immediately got up from her chair, left her office and locked herself in the women’s bathroom until he left the premises.

4.8 In many of O’Neill-Rosa’s surprise visits to Jelú’s office, besides engaging in lascivious physical contacts with her body and as part of his repertoire, he would utter profane sexual comments to her, such as: “I’m going to fuck you,”

“I'll suck your pussy and you’ll get addicted,” "that pussy is mine,” “I’m going to stick it up your ass,” “give me 10 minutes and you will see,” etc. Further, several times,

O'Neill-Rosa told Jelú that if she were not good to him, she would not last long in her job.

4.9 Each time O'Neill-Rosa would walk into Jelú’s office uninvited, she would try to avoid him within the office, either by standing at the other side of her desk or by interposing filing records as a shield between his body and hers; and, on several occasions, she even went so far as pushing him back to separate him from her.

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4.10 On two separate occasions, O'Neill-Rosa approached

Jelú in the parking lot of the Legal Division, where he hugged her and grabbed her buttocks, telling her that he wanted her a lot and that he was going to call her by telephone to invite her out, so that she would answer his telephone calls.

4.11 Several times, O'Neill-Rosa appeared at other

Municipal Offices where Jelú performed some of her duties and also threw himself over her to kiss her and fondle her body.

4.12 On four or five different occasions, while Jelú was attending other working arrangements at the Electoral

Committee of Mayor O’Neill-García, O’Neill-Rosa approached and hugged her, either facing her or from behind her, rubbing his genitals against her genitalia or buttocks, while uttering that he liked her a lot, that he wanted her, and that she was very hot. As Jelú rejected him, O’Neill-Rosa threatened her, stating that she would not last long in the Municipality if she did not go to bed with him.

4.13 Whenever Jelú was in the presence of O’Neill-Rosa, he would lustfully look at her body and/or make sexual gestures with his tongue or bit his lips in a sexual manner.

4.14 O'Neill-Rosa would stalk Jelú in the Municipal

Offices, in political activities, around her house and at the beauty salon she sponsored.

4.15 O'Neill-Rosa constantly made calls and sent text messages to Jelú’s cell phone. Initially, unaware of his

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motivation, she answered some of his calls; but he kept telling her that he wanted to see and be with her, and asked her out. She immediately stopped answering his calls, but he kept calling her. Indeed, he would not let her sleep at nights and early in the mornings, bothering her with unwelcomed multiple phone calls and text messages to her cell phone, which she did not answer.

4.16 In the summer of 2014, O’Neill Rosa invited Jelú to travel with him to New York for a NPP political activity and to stay with him in his apartment, where they were going to speak calmly of an employment vacancy announcements in which she was engaged, because he wanted to see if she could earn that position -- as he had other candidates in mind -- by sexually pleasing him. Jelú explicitly rejected his invitation and did not even attend the trip to New York, as she had originally planned, in order to avoid O’Neill.

4.17 O’Neill Rosa would also invite Jelú to his apartment in Guaynabo to allegedly discuss the alluded employment vacancy announcements; invitations that were, likewise, rejected by Plaintiff.

4.18 By letter of December 10, 2014, Mayor O’Neill-García appointed Jelú to the position of Attorney III, effective

December 16, 2014, where she would earn a monthly salary of

$5,140. Mayor O’Neill-García advised Plaintiff therein that such position had a probationary status of twelve months, and

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that once approved, she would obtain regular status in the same.

4.19 Shortly after Jelú’s appointment to the post of

Attorney III, O'Neill told her that he had intervened in his father’s decision to select her for that the position and that she had to be grateful to him for that; and, that if she did not treat him with love and passion, she would be ungrateful.

O'Neill added that he wanted to move in with Jelú to give her another son. He told Jelú to give in to him; that he would give her great pleasure with oral sex and would get her

“addicted with so much pleasure;” and, that he was “crazy to get [his] face between [her] buttocks.”

4.20 After January 2015, O'Neill repeatedly told Jelú that she had her job because of him; that she owed him everything and had to repay him; and that, if she did not give him everything, “including her ass, many times,” she was

“going to be taken out of the Municipality.”

4.21 At all times, whenever O’Neill-Rosa engaged in the aforementioned sexual misconduct, Jelú would explicitly tell him that his verbal and physical advances were not welcomed.

Nevertheless, he would always continue his verbal and physical advances of a sexual nature towards her, with the same frequency and persistence as before.

4.22 At the time when the acts of sexual harassment detailed above took place, the unwritten policy at The

Municipality was that it was acceptable for Mayor O’Neill-

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García and his son O’Neill-Rosa to engage in sexual relations with female employees. Moreover, the female employees who engaged in sexual relations with them were treated more favorably and given better employment conditions, opportunities, promotions and benefits than those who did not.

In fact, Mayor O’Neill-García encouraged this type of conduct by having consensual intimate relationships with various subordinates, and by treating them more favorably and giving them better employment opportunities than other female employees.

4.23 Following his father’s example, O’Neill-Rosa had consensual relations with several municipal employees, including his common law wife, Sandra Ramos-Merced (“Ramos-

Merced”), who was Deputy Director of HR and received preferential treatment and better job opportunities than other female employees.

4.24 Submission to O’Neill-Rosa’s sexual advances was made by The Municipality, explicitly and implicitly, a term or condition of the employment of Jelú, and the rejection of such conduct by her was used by The Municipality as basis for employment decisions adversely affecting her, as asserted hereinafter.

4.25 O’Neill-Rosa engaged in the pattern of conduct constitutive of sexual harassment against Jelú, knowingly, intentionally and maliciously, with premeditation,

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deliberation and bad faith, and with the perverse design of obtaining sexual favors from Plaintiff.

4.26 The frequency, continuity and intensity of the pattern of sexual harassment to which O’Neill-Rosa submitted

Jelú in the workplace unreasonably interfered with her work performance and created an intimidating, hostile, abusive and offensive working environment, causing her to suffer extreme shame, embarrassment, humiliation, nervousness, anxiety, fear and anger in the workplace. Sometimes O’Neill-Rosa’s misconduct led Plaintiff to lock herself in a bathroom stall until she could control herself and was able return to work to her office.

4.27 At all times relevant herein, The Municipality was fully aware of the pattern of sexual harassment to which Jelú was subjected by O’Neill-Rosa and failed to take any action or measure to prevent or stop such misconduct. Instead, The

Municipality knowingly allowed such sexual harassment to occur and continue unabated for a period of three years, thereby ratifying and adopting the sexual harassment of O’Neill-Rosa.

In so doing, The Municipality engaged in unlawful employment practices, with gross negligence, malice or reckless indifference to the civil rights of the Plaintiff.

B. The Retaliatory Actions.

4.28 On several occasions, from July 2012 and until July

2015, Jelú verbally complained to her supervisors, Hector

Hoyos (“Hoyos”) Denise Rodriguez (“Rodriguez”) and Ana

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Quintero (“Quintero”) about the conduct of O'Neill-Rosa constitutive of sexual harassment. She also gave notice of

O'Neill-Rosa’s misconduct to the Chief of the Human Resources

Department (“HR”), Eduardo Faria (“Faria”). The Municipality, however, never took action, corrective or otherwise, in connection with these complaints.

4.29 At all times, Jelú verbally reported O’Neill-Rosa’s sexual harassment to The Municipality’s HR’s Chief Faria; however, no action was taken by The Municipality.

4.30 When Jelú complained of O’Neill-Rosa’s sexual harassment to Hoyos, then Director of the Legal Division, he replied to her to be quiet about it because everyone who worked in The Municipality were brought there by Mayor

O’Neill-García and his sons. Hoyos then remarked jokingly that if he were a woman, he would also go out with one of them.

4.31 On several occasions, notwithstanding Jelú’s prior complaints to Hoyos about O’Neill-Rosa’s misbehavior, Hoyos wanted to send her to the NPP Electoral Committee ran by

O’Neill, or summoned her to his office so that O’Neill could meet Plaintiff there, to which she always refused; these requests were then followed by calls by O’Neill telling her that he was waiting there for her.

4.32 Because Jelú refused to meet O’Neill-Rosa at the NPP

Electoral Committee and Hoyos’ office, the latter punished her with excessive supervision and with work overloads with the evident intent to adversely affect the quality of her work.

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4.33 When Rodriguez replaced Hoyos as the new head of the

Legal Division, Jelú also expressed to her that O'Neill was sexually harassing her; but Rodriguez, likewise, ignored her.

4.34 During the week of July 6-10, 2015, Jelú complained to Quintero, current Director of the Legal Division, about

O'Neill’s sexual harassment. Quintero’s response was that she

“knew the Cano” (O'Neill’s nickname) and that she would want him to notice her; that she had raised the sons of Mayor

O’Neill-García and that Jelú was not even much of a woman for any of them; and that, if Jelú did not like her job, she should better go to work in a whorehouse.

4.35 On July 13, 2015, Jelú submitted a written sexual harassment complaint to the Vice-Mayor Aurialis Lozada, who at the time served as Acting Mayor since Mayor O’Neill-García was out of the jurisdiction. Jelú did not go to HR to lodge the complaint because the then Acting Director of that office was

Ramos-Merced, O’Neill-García’s common-law wife and mother of his five children.

4.36 As a result of having complained of sexual harassment in writing, Jelú immediately began to be victim of retaliation in the modality of hostile work environment, consisting of, inter alia, threats and intimidation by her supervisor Quintero. In fact, immediately after the submission of this complaint, Quintero told Jelú that The Municipality would mark her with an X -- black-listing her -- for complaining of sexual harassment by the Mayor’s son.

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4.37 After the lodging of the sexual harassment complaint, Quintero began to utter intimidating comments about death and witchcraft to Jelú; and did so repeatedly. Quintero, for example, told Jelú that:

a) she knew people who take the dead out from their graves and do witchcraft;

b) in this island, they kill someone for anything;

c) from her prior work as prosecutor, she knows all the whorehouses here and also people from the underground who kill anyone for anything, even if the victim wears a bulletproof vest because they shoot the victim in the head;

d) she used to visit the morgue and saw there how body bags were opened and also a machine grinding the dead; and,

e) because of her experiences with contract killers, whores, death and witchcraft, she was very “tough.”

4.38 Quintero’s repertoire of intimidating remarks and comments also included threats to Jelú to the effect that she was going to professionally and personally hurt Plaintiff by, for example, arranging an audit of her entire working area because she (Quintero) had been an assistant attorney for the comptroller and knew how to find inaccuracies and successfully prosecute people, adding that in these audit processes one person had even died.

4.39 Also after the presentation of the complaint of sexual harassment, Quintero began to continuously denigrate

Jelú professionally. Further, Quintero stripped Jelú of her job duty to attend Court.

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4.40 Due to The Municipality’s failure to take immediate corrective measures to stop the harassment and to its retaliatory acts, Plaintiff filed charges of sexual harassment and retaliation against The Municipality and O'Neill García with the EEOC on July 30, 2015.

4.41 After Jelú filed her sexual harassment and retaliation charge with the EEOC, The Municipality’s retaliatory actions against her escalated in frequency and severity. The Municipality showed, through the actions and omissions of its managerial employees, its malicious intent to harm Jelú, personally and professionally, for the reason that she had complained of the sexual harassment by the son of

Mayor O'Neill García. Some examples follow:

a) Whenever Quintero saw that Jelú -- with much sacrifice and making an extraordinary effort so that the quality of her job would not be affected -- completed her work, Quintero would unjustifiably reject and return the writings to her as unacceptable, on the basis of insignificant minutiae or minor details.

b) Quintero instructed Jelú to perform work that did not meet law requirements to induce her to make mistakes or incur in errors, work that Jelú did not perform and, instead, returned to Quintero for such reason;

c) Quintero subjected Jelú to excessive and exaggerated supervision in the employment;

d) Quintero harshly criticized and belittled the work Jelú performed;

e) Quintero took away Jelú’s duties;

f) Quintero, constantly and intentionally, made inappropriate comments to Jelú that affected her emotionally;

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g) Quintero excluded Jelú from departmental meetings;

h) Jelú was ostracized and marginalized by her supervisor and co-workers; and,

i) Jelú was continuously followed, watched, and photographed by private investigators hired by The Municipality, as she entered and left work and her residence, and visted public and commercial places she used to attend.

4.42 As result of the aforementioned harassment, threats, intimidating remarks, stalking and surveillance, Jelú came to fear for her safety and that of her son.

4.43 Although Jelú repeatedly expressed to The

Municipality that she was being sexually harassed by O’Neill-

Rosa, and albeit she exhausted all internal and external administrative remedies for the presentation and channeling of her complaint, The Municipality ignored her complaints by not taking any remedial action.

4.44 When Jelú complained in writing of O’Neill-Rosa’s sexual harassment, The Municipality hired Atty. Miguel Romero-

Lugo (“Romero-Lugo”) a close friend of Mayor O’Neill-García, to conduct an investigation into Jelú’s complaint against his son. After conducting such investigation, Romero-Lugo rendered his report on this matter on October 29, 2015.

4.45 Romero-Lugo, acting in the dual capacity of investigator and judge, tailored this report to suit the interests of the Mayor by acquitting his son of the imputed sexual harassment. More specifically, Romero-Lugo, arbitrarily and ignoring essential parts of Jelú’s testimony, found that her version did not deserve any credibility, in order to then

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conclude that her complaint had no basis. In so concluding,

Romero-Lugo ignored uncontested corroborating material evidence that Plaintiff submitted to him, consisting in

Plaintiffs’ cellular phones, which had registered persistent texts and oral messages sent by O’Neill-Rosa, some at odd hours (late at nights and early in the mournings), seeking sexual favors from her and which were not answered by her.

4.46 The Municipality’s decision to ignore Jelú’s multiple complaints of sexual harassment, coupled with Romero-

Lugo’s finding that such testimony was not credible, emboldened O'Neill-Rosa to continue his misconduct with impunity. Further, Romero-Lugo’s opinion that Jelú’s complaint was baseless paved the way for her constructive discharge.

4.47 Shortly after Romero-Lugo rendered his report, The

Municipality, maliciuosly and in flagrant violation of its and federal regulations on the confidentiality on sexual harassment complaints, leaked and disclosed Romero-Lugo’s investigation and findings to other employees at City Hall, causing Jelú to be marginalized and subjected to continuous mobbing and bullying by co-workers.

4.48 On December 15, 2015, Quintero summoned Jelú to the conference room of the Legal Division and, unexpectedly and surprisingly, showed Plaintiff several purported monthly evaluations of Plaintiff’s work performance during her probationary period. Quintero also told Jelú that she was then recommending The Municipality, in a memorandum accompanying

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the evaluations, to separate her from her employment, allegedly for not having passed the probationary period of the post of Attorney III under her supervision.

4.49 During the December 15 meeting, Jelú indicated to

Quintero that she did not agree with her decision and objected to the evaluation process as a whole. Quintero did not discuss and refused to furnish to Jelú the evaluations for her review; instead, she told Plaintiff that all evaluations were deemed read and discussed. At all times during this meeting,

Quintero’s behavior towards Jelú was humiliating and hostile.

4.50 By letter dated January 14, 2016, and addressed to the Municipal Administrator, Ricardo Dalmau Santana, Jelú objected to the process of evaluation of her job performance carried out by Quintero, on grounds that it was flawed and illegal because it clearly infringed the Act of Autonomous

Municipalities of the Commonwealth of Puerto Rico, as well as

The Municipality’s own Personnel Regulations for Career

Service (henceforth “Personnel Regulations”) and Regulations for the Evaluation and Motivation of Employees (henceforth

“Evaluation Regulations”). Jelú therein requested The

Municipality to approve her probationary period in the post of

Attorney III as The Municipality had failed to comply with its responsibility under the law and its regulations.

4.51 On January 19, 2016, the then Acting Director of HR,

Terilyn Sastre (“Sastre”), wrote to Jelú that the objections set forth in her January 14 letter were to be considered as a

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request for reconsideration of the evaluations in question and summoned Plaintiff to a hearing before the Reconsideration

Committee, wherein Sastre was a member, to be held on February

3, 2016.

4.52 On February 11, 2016, Jelú replied to Sastre’s letter of January 19, stating that Quintero’s recommendation stemmed from her complaint of sexual harassment against the

Mayor’s son, and noting that Sastre had full knowledge of this complaint because Sastre had given a sworn statement to

Romero-Lugo in the course of his investigation.

4.53 Jelú objected in her February 11 missive to the scheduled hearing before the Reconsideration Committee, on grounds that it was unwarranted because The Municipality: (a) failed to follow the evaluation process established in the

Evaluation Regulations, from its inception and at all its stages up to the end (Articles 1 through 18), including the guidelines, criteria, forms and certifications provided as attachments to such regulations; (b) failed to comply with the

Personnel Regulations on the process for recruitment and selection of employees on probationary period (Article 7); and, (c) breached the Personnel Regulation’s provision for retention and security in the employment (Article 9).

4.54 The alluded regulations require monthly evaluations that the supervisor must discuss with the employee; and before each evaluation date, the supervisor is required to agree on a date with the employee to schedule the next monthly

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evaluation. This affords the employee the opportunity to demonstrate that he/she fulfilled his/her duties and complied with the action plan drawn in the evaluation of the previous month. The evaluations are meant to motivate employees to adapt to the functions of the new position held. Certainly, the evaluations should not be used as an instrument to harm the employee in retaliation for engaging in protected conduct, as it happened in this case.

4.55 Jelú explained in her February 11 letter that

Quintero had breached the aforementioned regulations because her supervisor did not evaluate her performance on a monthly basis; failed to discuss with her the duties of her post; and, did not complete the requisite certification of the first phase of the evaluation provided in the attachments to the

Evaluation Regulations. Rather, Quintero, without prior notice, summoned Jelú to a meeting on the last day of her probationary period and showed her all of the monthly evaluations she made at the last minute (including for tasks

Plaintiff did not and was not supposed to perform), when she should have render them monthly, during all previous months.

Upon Jelú’s questioning on the irregular manner in which the evaluation process had been conducted, Quintero told Jelú that she had forfeited the right to be evaluated monthly and to know the content of each evaluation month by month by complaining of sexual harassment by the Mayor’s son.

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4.56 The reconsideration mentioned in the regulations is to be requested after a monthly evaluation, not as to all monthly evaluations at once, when the supervisor has a completely failed to comply with the evaluation process.

Herein, Quintero untimely furnished to Jelú all of the monthly evaluations at the eleventh hour, in a failed and unjust attempt to create the appearance of compliance with an evaluation process that had been flawed and vitiated since its inception.

4.57 For the foregoing reason, Jelú requested The

Municipality in her February 11 letter to make a final determination on her status as an employee, since it had already extended her probationary period without justification and in violation of its own regulations, causing her to suffer anguish, anxiety and uncertainty about her job situation.

4.58 On or about February 10, 2016, while these events were unfolding, O’Neill-Rosa filed a complaint against Jelú with the Superior Court of Guaynabo, Civ. No. D2P22016-0005

(Courtroom 202) for abuse of process, alleging that Jelú falsely complained of being sexually harassed by him to The

Municipality on July 13, 2015, and to the EEOC on July 30,

2015; and, claiming damages to his reputation stemming from these complaints, including the rupture of his relation with his common-law wife, Ramos-Merced. In order to attempt to provide some basis for this frivolous claim (maliciously or negligently ignoring that Jelú engaged in protected conduct

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when she presented her charges against him), O’Neill-Rosa alleged in his complaint: that he and Jelú had engaged in “an intimate and extremely sporadic intimate relation” which

“never had the character of a formal relation of a couple,” from 2012 and up to the end of 2014, when she worked as an attorney for The Municipality; that Romero-Lugo had investigated her sexual harassment complaint and “concluded that [the sexual harassment] alleged by [Jelú] did not occur and that in the absence of any evidence to prove the existence of sexual harassment ..., [Romero-Lugo] recommended the dismissal of the complaint;” and that [Jelú], with utter disregard to the truth, implicated [him] in a pattern of sexual harassment against her that she was not able to prove.”

4.59 On February 18, 2016, the Vice-Mayor, Aurializ

Lozada-Centeno (“Lozada-Centeno”) notified Jelú that The

Municipality extend her probationary period for the position of Attorney for six additional months and that during such term her job performance would be evaluated in conformity with the Evaluation Regulations.

4.60 On February 29, 2016, Jelú objected in writing to

The Municipality’s decision to further extend the one-year probationary period, which she had competed in excess of two months, from December 18, 2014 to February 18, 2014, on grounds that it was discriminatory, arbitrary and illegal. The proposed six-month extension would yield a year and eight months of probation, in contravention of Article 7 of the

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Personnel Regulations that provides that the probationary period shall not exceed twelve months and that it cannot be extended. In light thereof, Jelú expressed in her reply to

Lozada-Centeno that she did not accept the proposed extension.

4.61 By letter of March 7, 2016, Lozada-Centeno notified

Jelú that The Municipality reaffirmed its decision to extend her probationary period for six additional months because the period of six months contested by Plaintiff would not be considered to make a decision on the approval of the probationary period required by the position she occupied.

4.62 On March 28, 2016, Jelú submitted her letter of resignation to Lozada-Centeno because all of the conditions and circumstances constitutive of sexual harassment and retaliation, as well as other rigorous terms of employment, to which The Municipality had subjected her, had created a hostile, offensive, intimidating, abusive, unbearable and intolerable work environment. Such conduct of The Municipality had caused her much anxiety, depression, humiliation and frustration, as well as uncertainty and insecurity about her job situation. All of these incidents had adversely affected her health, physically and emotionally, to the point where she was ill and exhausted, under psychiatric treatment and medications; and, individually and cumulatively, forced Jelú’s decision to resign from her employment to avoid further deterioration of her mental health.

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4.63 Anew, Jelú reiterated in her resignation letter that the proposed six-month extension of her probationary period was totally unacceptable for being discriminatory, unreasonable, burdensome and illegal. She also emphasized that, since The Municipality had given no credence to her complaints, she felt completely vulnerable and unprotected against the perverse and relentless conduct of O’Neill-Rosa; and that the flawed and biased finding of mendacity made by

Romero-Lugo in his investigative report had caused O’Neill-

Rosa to enhance his attacks against her for having rejected him and reported his misconduct. Jelú also underscored in her letter that the Municipality had shown, through the actions of its managerial employees summarized in her letter, that it had the malicious intent to harm her, personally and professionally, for having complained about the misconduct of the son of Mayor O'Neill-García.

4.64 Additionally, Jelú expressed in her March 28 letter that at the time, she was absent under extended medical leave and her treating physicians had recommended her to stay away from the hostile work environment to protect her mental health. However, The Municipality kept questioning the medical leave of absence and exerting undue pressure upon both

Plaintiff and her psychiatrist by requiring an exact return date, to what her psychiatrist had indicated that he could not responsibly determine an exact date in which Plaintiff could

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recover enough to return to work because of the fragile condition of her mental health.

4.65 The Municipality used Jelú’s rejection of O’Neill-

Rosa’s misconduct as basis for employment decisions adversely affecting her. The Municipality, through its agents and employees, subjected Jelú to a severe and pervasive retaliatory hostile-work-environment harassment and other retaliatory acts for having complained of sexual harassment.

These acts, individually and collectively, had the effect or purpose of unreasonably interfering with her work performance and creating an intimidating, hostile, offensive and abusive environment, thereby causing her to suffer extreme shame, embarrassment, humiliation, nervousness, anxiety, fear and anger in the workplace; and, ultimately, forced her into a constructive discharge. The Municipality engaged in such unlawful employment practices with gross negligence, malice or reckless indifference to the civil rights of Plaintiff.

V. Causes of Action

First Cause of Action:

5.1 Plaintiff repeats and reasserts by reference each and every allegation contained the preceding paragraphs and incorporates the same herein as though fully set forth.

5.2 The Municipality discriminated against Jelú with respect to her terms, conditions and privileges of employment because of her sex, in violation of Title VII.

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5.3 As a direct result of the aforementioned unlawful employment practices, Jelú suffered, is suffering and will continue to suffer severe mental, psychological, moral and emotional pain, anguish and distress, and has sustained a loss of happiness, a loss of the capacity to enjoy life and professional endeavors, a diminishment of the capacity to love, and an impairment of the capacity to perform activities common to a woman of her age and sex. Plaintiff is entitled to receive a just and fair compensation for these damages.

5.4 As a consequence of the aforementioned unlawful employment practices and the resultant mental damages suffered by Plaintiff, she has been and will continue to be in the future under psychiatric treatment and medications. She has incurred and will continue to incur in the future in expenses for said psychiatric treatment and medications. Plaintiff is entitled to receive a reasonable amount of money for these medical expenses.

5.5 Also as a direct result of The Municipality’s unlawful employment practices, Jelú has sustained and will sustain a loss of earnings and employment benefits. The

Municipality is liable to Jelú for the loss of past and future pay and benefits caused by its violation of Title VII.

5.6 Pursuant to Title VII, Rule 54(d)(1) of the Federal

Rules of Civil Procedure and 28 U.S.C.S. § 1920, Plaintiff is entitled to be awarded the costs to be incurred in this suit, plus reasonable attorneys’ fees.

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THEREFORE, Jelú demands that Judgment be entered in her favor and against The Municipality, granting her: the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) in compensatory damages; an award for back and future pay and loss of employment benefits; an award for medical and other analogous expenses, reasonably estimated at this time in the amount of ONE HUNDRED FIFTY THOUSAND SEVEN HUNDRED DOLLARS

($150,000.00); a reasonable amount for attorneys’ fees, the costs of this action, and post-judgment interests; and, such other further relief that under the circumstances may seem appropriate to this Honorable Court.

Second Cause of Action:

5.7 Plaintiff repeats and reasserts by reference each and every allegation contained in the preceding paragraphs and incorporates the same herein as though fully set forth.

5.8 The Municipality constructively discharged from employment and otherwise discriminated against Jelú in retaliation for having complained of sexual harassment, in violation of Title VII.

5.9 As a direct result of the aforementioned retaliatory discharge, Jelú suffered, is suffering and will continue to suffer severe mental, psychological, moral and emotional pain, anguish and distress, and has sustained a loss of happiness, a loss of the capacity to enjoy life and professional endeavors, a diminishment of the capacity to love, and an impairment of the capacity to perform activities common to a woman of her

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age and sex. Jelú is entitled to receive a just and fair compensation for these damages.

5.10 As a consequence of the aforementioned unlawful employment practices and the resultant mental damages suffered by Plaintiff, she has been and will continue to be in the future under psychiatric treatment and medications. She has incurred and will continue to incur in the future in expenses for said psychiatric treatment and medications. Plaintiff is entitled to receive a reasonable amount of money for these medical expenses.

5.11 Also as a direct result of The Municipality’s unlawful employment practices, Jelú has sustained and will sustain a loss of earnings and employment benefits. The

Municipality is liable to Plaintiff for the loss of past and future pay and benefits caused by its violation of Title VII.

5.12 Pursuant to Title VII, Rule 54(d)(1) of the Federal

Rules of Civil Procedure and 28 U.S.C.S. § 1920, Plaintiff is entitled to be awarded the costs to be incurred in this suit, plus reasonable attorneys’ fees.

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Third Cause of Action:

5.13 Plaintiff repeats and reasserts by reference each and every allegation contained in the preceding paragraphs and incorporates the same herein as though fully set forth.

5.14 This Third Cause of Action arises under Act 17, Act

100 and Act 69.

5.15 The Municipality unlawfully constructively discharged and otherwise discriminated against Jelú with respect to the terms, conditions and privileges of her employment because of her sex, in violation of Act 17, Act 100 and Act 69.

5.16 As a direct result of the aforementioned unlawful employment practices, Jelú suffered, is suffering and will continue to suffer severe mental, psychological, moral and emotional pain, anguish and distress, and has sustained a loss of happiness, a loss of the capacity to enjoy life and professional endeavors, a diminishment of the capacity to love, and an impairment of the capacity to perform the activities common to a woman of her age and sex. Jelú is entitled to receive a full, just and fair compensation for her mental damages which, pursuant to Act 17, Act 100 and Act 69,

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consists in the twofold amount of the actual damages suffered by her.

5.17 As a consequence of the aforementioned unlawful employment practices and the resultant mental damages suffered by Plaintiff, she has been and will continue to be in the future under psychiatric treatment and medications. She has incurred and will continue to incur in the future in expenses for said psychiatric treatment and medications. Plaintiff is entitled to receive a reasonable amount of money for these medical expenses.

5.18 Also as a direct result of the The Municipality discriminatory and retaliatory discharge, Jelú lost and will lose earnings and employment earnings. The Municipality is liable to Plaintiff for the loss of past and future pay and benefits.

5.19 Pursuant to Act 17 and Rule 44 of the Puerto Rico

Rules of Civil Procedure, Jelú is entitled to be awarded the costs to be incurred in this suit, plus reasonable attorneys’ fees.

THEREFORE, Jelú demands that Judgment be entered in her favor and against The Municipality, granting her: the amount of THREE MILLION DOLLARS ($3,000,000.00) for mental damages doubling such amount for a total of SIX MILLION DOLLARS

($6,000,000.00); an award for back and future pay and loss of employment benefits; an award for medical other analogue expenses, reasonably estimated at this time in the amount of

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ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); a reasonable amount for attorneys’ fees, the costs of this action, and post-judgment interests; and, such other further relief that under the circumstances may seem appropriate to this Honorable

Court.

Fourth Cause of Action:

5.20 Plaintiff repeats and reasserts by reference each and every allegation contained in the preceding paragraphs and incorporates the same herein as though fully set forth.

5.21 This Fourth Cause of Action arises under the General

Tort statute.

5.22 The Municipality and O’Neill Rosa caused Jelú to be subjected to assault, battery, breach of the peace, stalking, threats, defamation, undue intrusions into her private life, character assassination and attacks to her professional reputation, in violation of her constitutional right to privacy and dignity, as well as other extreme and outrageous conduct, with the intent to cause, or reckless disregard of the probability of causing, Plaintiff to suffer emotional distress.

5.23 The foregoing conduct caused Jelú to suffer severe mental, psychological, moral and emotional pain, anguish and distress; and, to sustain a loss of happiness and the capacity to enjoy life and enjoy professional endeavors, a diminishment of the capacity to love, and an impairment of the capacity to perform the activities common to a woman of her age and sex.

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5.24 Jelú is entitled to receive a full, just and fair compensation for the aforestated mental damages, in an amount reasonably estimated to be no less than THREE MILLION DOLLARS

($3,000,000.00).

5.25 As a consequence of the aforementioned intentional acts and the resultant mental damages suffered by Plaintiff, she has been and will continue to be in the future under psychiatric treatment and medications. She has incurred and will continue to incur in the future in expenses for said psychiatric treatment and medications. Plaintiff is entitled to receive a reasonable amount of money for these medical expenses.

5.26 In the event The Municipality and O’Neill Rosa deny responsibility for the damages claimed herein, pursuant the provisions of Rule 44 of the Rules of Civil Procedure of the

Commonwealth of Puerto Rico, Plaintiff would also be entitled to an award of pre-judgment and post-judgment interest, to be computed from the amount finally adjudged to Plaintiff, plus a reasonable amount for attorneys’ fees, due to such obstinate and temerarious denial.

THEREFORE, Jelú demands that Judgment be entered in her favor and against The Municipality and O’Neill Rosa, granting her reasonable compensatory damages in an amount no less than

THREE MILLION DOLLARS ($3,000,000.00); awarding her an amount for medical and other analogue expenses, reasonably estimated at this time in the amount of ONE HUNDRED FIFTY THOUSAND SEVEN

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HUNDRED DOLLARS ($150,000.00); awarding her a reasonable amount for attorneys’ fees, the costs of this action, and pre- judgment and post-judgment interests; and, granting such other further relief that under the circumstances may seem appropriate to this Honorable Court.

VI. PRAYER FOR RELIEF

WHEREFORE, it is respectfully requested that Judgment be entered by this Honorable Court in favor of Plaintiff and against Defendants:

a. granting Plaintiff all the sums and remedies requested in the complaint;

b. imposing upon Defendants the payment of all costs and expenses to be incurred in this lawsuit;

c. granting Plaintiff any other relief that she may be entitled to as a matter of law; and,

d. awarding Plaintiff pre-judgment and post-judgment interests, plus a reasonable amount for attorneys’ fees.

RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this

31st day of March, 2016.

S/José F. Quetglas Jordán USDC-PR #203411

QUETGLAS LAW FIRM, P.S.C. 1353, Luis Vigoreaux Ave. PMB 657 Guaynabo, PR 00966 Tel:(787) 406-8915 Email: [email protected]; [email protected]