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). 2 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 3 of 34 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. 3 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 4 of 34 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, 4 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 5 of 34 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 5 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 6 of 34 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 6 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 7 of 34 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.