(HOST. SEXUAL) Inés M. Jelú v. Munc. Guaynabo-Demanda Federal

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 1 of 34
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO
INS MARA JEL IRAVEDRA,
*
*
Plaintiff,
*
*
v.
*
*
MUNICIPALITY OF GUAYNABO; and *
HCTOR ONEILL-ROSA,
*
*
Defendants.
*
*******************************
CIVIL NO.
RE: CIVIL RIGHTS
PLAINTIFF DEMANDS
TRIAL BY JURY
COMPLAINT
TO THE HONORABLE COURT:
NOW
comes
INTO
the
THIS
COURT,
Plaintiff
and
through
the
respectfully
undersigned
states,
counsel,
alleges
and
(Jel
or
requests, as follows:
I.
1.1
Plaintiff
NATURE OF ACTION
Ins
Mara
Jel-Iravedra
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 Hctor ONeill-Rosa (ONeill-Rosa).
her
1.2
Jel claims herein under that ONeill-Rosa subjected
to
unconsented
invitations
pattern
physical
to
have
of
sexual
contacts,
sexual
harassment
and
intercourse
that
included
unwelcomed
explicit
and
remarks,
sexual
which was sufficiently severe or pervasive so as to alter the

conditions of her employment and create an abusive and hostile
work environment.
1.3
Plaintiff
also
claims
herein
below
that
The
Municipality knew about ONeill-Rosas 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 employers policy. Instead of
taking prompt remedial action, The Municipality engaged in a
pattern
of
retaliation
against
Jel
and,
finally,
constructively discharged her for having complained of sexual

harassment
to
the
Equal
Employment
Opportunity
Commission
(EEOC).
1.4
Jel
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 ONeill-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).
2.2 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
Jel is an adult female individual and a citizen of
the United States of America, who resides in the Commonwealth

of Puerto Rico.
3.2
of
The
At all times relevant herein, Jel was an employee

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
qualified
all
to
times
carry
out
relevant
the
duties
herein,
Jel
assigned
to
was
her
duly
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
respectful
manner
to
at
be
the
treated
in
workplace
by
her
professional
and
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
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 ONeill-Rosa is an adult male and son of the Mayor of
The Municipality, Hon. Hctor ONeill-Garca (Mayor ONeillGarca), who performed functions and fulfilled duties for the
New
Progressive
Party
(NPP)
in
Guaynabo,
P.R.
As
such,
ONeill-Rosa
frequented
City
Hall,
including
the
Legal
Division where Plaintiff worked.

3.7
At
(Quintero)
all
was
times
an
relevant
employee
of
herein,
The
Ana
Quintero
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, Jel 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 Jels arrival at the Legal Division in July of
2012, and up to July of 2015 -- that is, for an uninterrupted
period of three years -- ONeill-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 Jel that if she did not submit to his sexual
advances, The Municipality was going to fire her because he

influenced
the
employment
decisions
of
his
father,
Mayor
ONeill-Garca.
4.4 During Jels first month of employment, ONeill-Rosa
went into her office uninvited. After greeting Jel, ONeillRosa 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, ONeillRosa told Jel that he liked her a lot and that she had him
very horny. When Jel was able to break away from his embrace,
she told ONeill-Rosa to leave her alone, that she had no
interest in him and that she did not want him to affect her
work.
ONeill-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, ONeill-Rosa -- two to five times per

month -- would walk into Jels office uninvited and repeat
the
same
behavior
or
engage
in
similar
sexually-charged
conduct.
4.6
On
one
of
these
occasions
that
ONeill-Rosa
unexpectedly appeared at Jels office, he greeted her with a

tight hug and fondled her body, introduced his hand inside her
underwear and touched her genitalia. She immediately reacted

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

4.7
During another unannounced visit to Jels 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
womens
bathroom until he left the premises.

4.8
In many of ONeill-Rosas surprise visits to Jels
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: Im going to fuck you,
I'll suck your pussy and youll get addicted, "that pussy is
mine,
Im
minutes
and
going
to
you
will
stick
it
see,
up
your
etc.
ass,
Further,
give
several
me
10
times,
O'Neill-Rosa told Jel 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 Jels office
uninvited,
she
either
standing
by
would
try
at
to
the
avoid
other
him
side
within
of
her
the
desk
office,
or
by
interposing filing records as a shield between his body and

hers;
and,
on
several
occasions,
she
even
pushing him back to separate him from her.
went
so
far
as
4.10 On two separate occasions, O'Neill-Rosa approached

Jel
in
the
parking
hugged
her
and
wanted
her
lot
grabbed
lot
and
of
her
that
the
Legal
buttocks,
he
was
Division,
telling
going
to
where
he
her
that
he
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 Jel 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 Jel was
attending
other
working
arrangements
at
the
Electoral
Committee of Mayor ONeill-Garca, ONeill-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 Jel rejected him, ONeill-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 Jel was in the presence of ONeill-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
Jel
in
the
Municipal
Offices, in political activities, around her house and at the

beauty salon she sponsored.
4.15
messages
O'Neill-Rosa
to
Jels
constantly
cell
phone.
made
calls
Initially,
and
sent
unaware
of
text
his
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, ONeill Rosa invited Jel 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. Jel explicitly rejected his invitation
and did not even attend the trip to New York, as she had
originally planned, in order to avoid ONeill.
4.17 ONeill Rosa would also invite Jel to his apartment
in
Guaynabo
vacancy
to
allegedly
announcements;
discuss
invitations
the
that
alluded
were,
employment
likewise,
rejected by Plaintiff.
4.18 By letter of December 10, 2014, Mayor ONeill-Garca
appointed
Jel
to
the
position
of
Attorney
III,
effective
December 16, 2014, where she would earn a monthly salary of

$5,140. Mayor ONeill-Garca advised Plaintiff therein that
such position had a probationary status of twelve months, and
that once approved, she would obtain regular status in the

same.
4.19 Shortly
after
Jels
appointment
to
the
post
of
Attorney III, O'Neill told her that he had intervened in his

fathers 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 Jel to give her
another son. He told Jel 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
that
she
After
had
January
her
job
2015,
O'Neill
because
of
repeatedly
him;
that
told
she
owed
Jel
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 ONeill-Rosa engaged in the
aforementioned sexual misconduct, Jel would explicitly tell
him that his verbal and physical advances were not welcomed.
Nevertheless, he would always continue his verbal and physical
advances
of
sexual
nature
towards
her,
with
the
same
frequency and persistence as before.

4.22 At
detailed
the
above
time
took
when
place,
the
the
acts
of
sexual
unwritten
harassment
policy
at
The
Municipality was that it was acceptable for Mayor ONeill-
10
Garca and his son ONeill-Rosa to engage in sexual relations

with
female
engaged
employees.
in
sexual
favorably
and
Moreover,
relations
given
the
with
better
female
them
employees
were
treated
employment
who
more
conditions,
opportunities, promotions and benefits than those who did not.

In fact, Mayor ONeill-Garca 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
consensual
his
relations
fathers
with
example,
several
ONeill-Rosa
municipal
had
employees,
including his common law wife, Sandra Ramos-Merced (RamosMerced),
who
was
Deputy
Director
of
HR
and
received
preferential treatment and better job opportunities than other

female employees.
4.24 Submission
to
ONeill-Rosas
sexual
advances
was
made by The Municipality, explicitly and implicitly, a term or

condition of the employment of Jel, and the rejection of such
conduct
by
employment
her
was
decisions
used
by
The
adversely
Municipality
affecting
as
her,
basis
as
for
asserted
hereinafter.
4.25
ONeill-Rosa
constitutive
intentionally
of
sexual
and
engaged
in
harassment
maliciously,
11
the
pattern
against
with
Jel,
of
conduct
knowingly,
premeditation,
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 ONeill-Rosa submitted

Jel 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
ONeill-Rosas
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 Jel
was subjected by ONeill-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 ONeill-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,
Hoyos
Jel
verbally
(Hoyos)
complained
Denise
to
Rodriguez
12
her
supervisors,
(Rodriguez)
Hector
and
Ana
Quintero
(Quintero)
about
the
conduct
of
O'Neill-Rosa
constitutive of sexual harassment. She also gave notice of

O'Neill-Rosas 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, Jel verbally reported ONeill-Rosas
sexual
harassment
to
The
Municipalitys
HRs
Chief
Faria;
however, no action was taken by The Municipality.

4.30 When
Jel
complained
of
ONeill-Rosas
sexual
harassment to Hoyos, then Director of the Legal Division, he

replied
worked
to
in
her
to
be
quiet
The
Municipality
about
it
because
were
brought
everyone
there
by
who
Mayor
ONeill-Garca 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 Jels prior
complaints to Hoyos about ONeill-Rosas misbehavior, Hoyos
wanted
to
send
her
to
the
NPP
Electoral
Committee
ran
by
ONeill, or summoned her to his office so that ONeill could

meet
Plaintiff
there,
to
which
she
always
refused;
these
requests were then followed by calls by ONeill telling her

that he was waiting there for her.
4.32 Because Jel refused to meet ONeill-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.
13
4.33 When Rodriguez replaced Hoyos as the new head of the

Legal Division, Jel 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, Jel complained
to Quintero, current Director of the Legal Division, about
O'Neills sexual harassment. Quinteros response was that she
knew the Cano (O'Neills nickname) and that she would want
him to notice her; that she had raised the sons of Mayor
ONeill-Garca and that Jel was not even much of a woman for
any of them; and that, if Jel did not like her job, she
should better go to work in a whorehouse.
4.35 On July 13, 2015, Jel submitted a written sexual
harassment complaint to the Vice-Mayor Aurialis Lozada, who at
the time served as Acting Mayor since Mayor ONeill-Garca was
out of the jurisdiction. Jel did not go to HR to lodge the
complaint because the then Acting Director of that office was
Ramos-Merced, ONeill-Garcas common-law wife and mother of
his five children.
4.36 As
result
of
having
complained
of
sexual
harassment in writing, Jel 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 Jel that The Municipality
would
mark
her
with
an
--
black-listing
her
complaining of sexual harassment by the Mayors son.
14
--
for
4.37 After
the
lodging
of
the
sexual
harassment
complaint, Quintero began to utter intimidating comments about

death and witchcraft to Jel; and did so repeatedly. Quintero,
for example, told Jel 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 Quinteros
repertoire
of
intimidating
remarks
and
comments also included threats to Jel 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

Jel professionally. Further, Quintero stripped Jel of her
job duty to attend Court.
15
4.40 Due to The Municipalitys 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 Garca
with the EEOC on July 30, 2015.
4.41 After
Jel
retaliation
charge
retaliatory
actions
severity.
The
filed
with
against
Municipality
her
the
her
sexual
EEOC,
The
escalated
showed,
harassment
through
and
Municipalitys
in
frequency
the
actions
and
and
omissions of its managerial employees, its malicious intent to

harm Jel, personally and professionally, for the reason that
she had complained of the sexual harassment by the son of
Mayor O'Neill Garca. Some examples follow:
a) Whenever Quintero saw that Jel -- 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 Jel to perform work that did
not meet law requirements to induce her to make
mistakes or incur in errors, work that Jel did not
perform and, instead, returned to Quintero for such
reason;
c) Quintero subjected Jel to excessive and exaggerated
supervision in the employment;
d) Quintero harshly criticized and belittled the work
Jel performed;
e) Quintero took away Jels duties;
f) Quintero,
constantly
inappropriate comments
emotionally;
16
and
intentionally,
made
to Jel that affected her
g) Quintero excluded Jel from departmental meetings;

h) Jel
was
ostracized
and
marginalized
supervisor and co-workers; and,
by
her
i) Jel
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, Jel came to
fear for her safety and that of her son.
4.43
Although
Jel
repeatedly
expressed
to
The
Municipality that she was being sexually harassed by ONeillRosa,
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 Jel complained in writing of ONeill-Rosas
sexual harassment, The Municipality hired Atty. Miguel RomeroLugo (Romero-Lugo) a close friend of Mayor ONeill-Garca,
to conduct an investigation into Jels complaint against his
son. After conducting such investigation, Romero-Lugo rendered
his report on this matter on October 29, 2015.
4.45
Romero-Lugo,
investigator
and
judge,
acting
in
tailored
the
this
dual
report
capacity
to
suit
of
the
interests of the Mayor by acquitting his son of the imputed

sexual harassment. More specifically, Romero-Lugo, arbitrarily
and ignoring essential parts of Jels testimony, found that
her version did not deserve any credibility, in order to then
17
conclude that her complaint had no basis. In so concluding,

Romero-Lugo
evidence
ignored
that
uncontested
Plaintiff
submitted
corroborating
to
him,
material
consisting
in
Plaintiffs cellular phones, which had registered persistent

texts and oral messages sent by ONeill-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
Municipalitys
decision
to
ignore
Jels
multiple complaints of sexual harassment, coupled with RomeroLugos
finding
emboldened
that
such
O'Neill-Rosa
to
testimony
continue
was
his
not
credible,
misconduct
with
impunity. Further, Romero-Lugos opinion that Jels 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
harassment
complaints,
on
the
confidentiality
leaked
and
disclosed
on
sexual
Romero-Lugos
investigation and findings to other employees at City Hall,

causing Jel to be marginalized and subjected to continuous
mobbing and bullying by co-workers.
4.48 On December 15, 2015, Quintero summoned Jel to the
conference room of the Legal Division and, unexpectedly and
surprisingly,
evaluations
showed
of
Plaintiff
Plaintiffs
several
work
purported
performance
monthly
during
her
probationary period. Quintero also told Jel that she was then
recommending The Municipality, in a memorandum accompanying
18
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, Jel 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 Jel the evaluations for her review;
instead, she told Plaintiff that all evaluations were deemed
read
and
discussed.
At
all
times
during
this
meeting,
Quinteros behavior towards Jel was humiliating and hostile.

4.50 By letter dated January 14, 2016, and addressed to
the
Municipal
Administrator,
Ricardo
Dalmau
Santana,
Jel
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
Municipalitys
own
Personnel
Regulations
for
Career
Service (henceforth Personnel Regulations) and Regulations

for
the
Evaluation
Evaluation
and
Motivation
Regulations).
Jel
of
Employees
therein
(henceforth
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 Jel that the objections
set forth in her January 14 letter were to be considered as a
19
request for reconsideration of the evaluations in question and

summoned
Plaintiff
to
hearing
before
the
Reconsideration
Committee, wherein Sastre was a member, to be held on February

3, 2016.
4.52 On
February
11,
2016,
Jel
replied
to
Sastres
letter of January 19, stating that Quinteros recommendation

stemmed from her complaint of sexual harassment against the
Mayors son, and noting that Sastre had full knowledge of this
complaint
because
Sastre
had
given
sworn
statement
to
Romero-Lugo in the course of his investigation.

4.53 Jel 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
selection
of
and,
breached
(c)
employees
the
on
on
the
process
probationary
Personnel
for
recruitment
period
Regulations
and
(Article
7);
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
20
schedule
the
next
monthly
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
Jel
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 Jel 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 Jels questioning on the irregular manner in which the
evaluation process had been conducted, Quintero told Jel that
she had forfeited the right to be evaluated monthly and to
know
the
content
of
each
evaluation
month
by
complaining of sexual harassment by the Mayors son.
21
month
by
4.56 The reconsideration mentioned in the regulations is

to be requested after a monthly evaluation, not as to all
monthly
evaluations
completely
failed
at
to
once,
comply
when
with
the
the
supervisor
evaluation
has
process.
Herein, Quintero untimely furnished to Jel all of the monthly

evaluations
at
attempt
create
to
the
eleventh
the
hour,
appearance
in
of
failed
and
compliance
unjust
with
an
evaluation process that had been flawed and vitiated since its
inception.
4.57
For
Municipality
the
in
determination
her
on
her
foregoing
reason,
February
status
11
as
an
Jel
letter
to
employee,
requested
make
since
The
final
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, ONeill-Rosa filed a complaint against Jel
with the Superior Court of Guaynabo, Civ. No. D2P22016-0005
(Courtroom
202)
for
abuse
of
process,
alleging
that
Jel
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 Jel engaged in protected conduct
22
when
she
presented
her
charges
against
him),
ONeill-Rosa
alleged in his complaint: that he and Jel 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 [Jel] did not occur
and that in the absence of any evidence to prove the existence
of
sexual
harassment
...,
[Romero-Lugo]
dismissal
of
the
complaint;
disregard
to
the
truth,
and
that
implicated
recommended
[Jel],
[him]
in
with
the
utter
pattern
of
sexual harassment against her that she was not able to prove.
4.59 On
Lozada-Centeno
February
18,
2016,
the
(Lozada-Centeno)
Vice-Mayor,
notified
Aurializ
Jel
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, Jel objected in writing to
The
Municipalitys
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
year
and
eight
months of probation, in contravention of Article 7 of the
23
Personnel
Regulations
that
provides
that
the
probationary
period shall not exceed twelve months and that it cannot be

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

4.62 On
March
28,
2016,
Jel
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
hostile,
Municipality
offensive,
had
subjected
intimidating,
her,
had
abusive,
created
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 Jels

decision
to
resign
from
her
employment
deterioration of her mental health.
24
to
avoid
further
4.63 Anew, Jel reiterated in her resignation letter that

the proposed six-month extension of her probationary period
was
totally
unreasonable,
unacceptable
burdensome
and
for
being
illegal.
She
discriminatory,
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 ONeill-Rosa;

and that the flawed and biased finding of mendacity made by
Romero-Lugo in his investigative report had caused ONeillRosa to enhance his attacks against her for having rejected
him and reported his misconduct. Jel 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-Garca.
4.64 Additionally, Jel 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
25
recover
enough
to
return
to
work
because
of
the
fragile
condition of her mental health.

4.65 The Municipality used Jels rejection of ONeillRosas misconduct as basis for employment decisions adversely
affecting
her.
employees,
The
Municipality,
subjected
retaliatory
Jel
to
through
a
hostile-work-environment
its
severe
agents
and
harassment
and
pervasive
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
embarrassment,
causing
humiliation,
her
to
suffer
nervousness,
extreme
anxiety,
shame,
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
Jel
with
respect to her terms, conditions and privileges of employment

because of her sex, in violation of Title VII.
26
5.3
As a direct result of the aforementioned unlawful
employment
continue
practices,
to
suffer
Jel
severe
suffered,
mental,
is
suffering
psychological,
and
will
moral
and
emotional pain, anguish and distress, and has sustained a loss

of
happiness,
professional
loss
of
endeavors,
the
capacity
diminishment
to
of
enjoy
the
life
and
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
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
unlawful
sustain
Also
as
employment
a
loss
of
direct
result
of
Jel
has
practices,
earnings
and
The
Municipalitys
sustained
employment
and
benefits.
will
The
Municipality is liable to Jel 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.
27
THEREFORE, Jel 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

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

5.9
As a direct result of the aforementioned retaliatory
discharge, Jel 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
28
age and sex. Jel is entitled to receive a just and fair

compensation for these damages.
5.10
As
consequence
of
the
aforementioned
unlawful

medical expenses.
5.11 Also
unlawful
sustain
as
employment
a
loss
of
direct
result
of
Jel
has
practices,
earnings
and
The
Municipalitys
sustained
employment
and
benefits.
will
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.
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
AND
29
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
Third Cause of Action:
5.13 Plaintiff repeats and reasserts by reference each
5.14 This Third Cause of Action arises under Act 17, Act
100 and Act 69.
5.15 The
discharged
respect
Municipality
and
to
otherwise
the
terms,
unlawfully
discriminated
conditions
and
constructively
against
Jel
privileges
with
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
continue
practices,
to
suffer
Jel
severe
suffered,
mental,
is
suffering
psychological,
and
will
moral
and
emotional pain, anguish and distress, and has sustained a loss

of
happiness,
professional
love,
and
loss
endeavors,
an
of
a
impairment
the
capacity
diminishment
of
the
to
of
capacity
enjoy
the
to
life
capacity
perform
and
to
the
activities common to a woman of her age and sex. Jel is

entitled to receive a full, just and fair compensation for her
mental damages which, pursuant to Act 17, Act 100 and Act 69,
30
consists in the twofold amount of the actual damages suffered

by her.
5.17
As
consequence
of
the
aforementioned
unlawful

medical expenses.
5.18 Also
as
direct
result
of
the
The
Municipality
discriminatory and retaliatory discharge, Jel 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, Jel is entitled to be awarded the

costs to be incurred in this suit, plus reasonable attorneys
fees.
of THREE MILLION DOLLARS ($3,000,000.00) for mental damages
doubling
such
amount
for
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
31
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
5.21 This Fourth Cause of Action arises under the General
Tort statute.
5.22 The Municipality and ONeill Rosa caused Jel to be
subjected to assault, battery, breach of the peace, stalking,
threats, defamation, undue intrusions into her private life,
character
reputation,
assassination
in
violation
and
attacks
of
her
to
her
professional
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 Jel 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.
32
5.24 Jel 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 ONeill 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.
favor and against The Municipality and ONeill 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
33
HUNDRED
DOLLARS
($150,000.00);
awarding
her
reasonable
amount for attorneys fees, the costs of this action, and prejudgment and post-judgment interests; and, granting such other
further
relief
that
under
the
circumstances
may
seem

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/Jos F. Quetglas Jordn
USDC-PR #203411
QUETGLAS LAW FIRM, P.S.C.
1353, Luis Vigoreaux Ave.
PMB 657
Guaynabo, PR 00966
Tel:(787) 406-8915
Email: jfquetglas@gmail.com;
quetglaslawpsc@gmail.com
34

(HOST. SEXUAL) Inés M. Jelú v. Munc. Guaynabo-Demanda Federal

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(HOST. SEXUAL) Inés M. Jelú v. Munc. Guaynabo-Demanda Federal

Uploaded by

Copyright:

Available Formats

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

IN THE UNITED STATES DISTRICT COURT

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

Jel claims herein under that ONeill-Rosa subjected

which was sufficiently severe or pervasive so as to alter the

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 2 of 34

Municipality knew about ONeill-Rosas unlawful conduct and

offending conduct and its results, quite as if they had been

constructively discharged her for having complained of sexual

Municipality for sexual harassment and retaliation under the

Municipality and ONeill-Rosa for assault, battery, breach of

into her private life, character assassination and attacks to

constitutional right to privacy and dignity.

Plaintiff demands trial by jury.

2.1 This Honorable Court has subject matter jurisdiction

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

2.2 This Honorable Court has personal jurisdiction over

United States District Court, District of Puerto Rico.

Court has supplemental jurisdiction over the pendent claims

Constitution of the United States of America.

On July 30, 2015, Plaintiff filed timely charges of

employment discrimination with the Anti-Discrimination Unit of

Jel is an adult female individual and a citizen of

the United States of America, who resides in the Commonwealth

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 4 of 34

At all times relevant herein, Jel was an employee

statutes, who fulfilled duties for Defendant, as Attorney III,

position of Attorney III; she performed her functions with a

third party-invitees, without the fear of being the object of

complained of sexual harassment.

with the capacity to sue and/or be sued, located within the

At all times relevant herein, The Municipality was

an employer within the meaning of the applicable statutes,

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 5 of 34

Division where Plaintiff worked.

functions, and fulfilled duties for Defendant in the Legal

The Sexual Harassment.

Attorney II of the Legal Division of The Municipality, under

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 6 of 34

advances, The Municipality was going to fire her because he

After the occurrence of the incident narrated in the

foregoing paragraph, ONeill-Rosa -- two to five times per

unexpectedly appeared at Jels office, he greeted her with a

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 7 of 34

underwear and touched her genitalia. She immediately reacted

pushing him away from her.

During another unannounced visit to Jels office,

and while she was sitting at her desk, O'Neill-Rosa dropped

bathroom until he left the premises.

In many of ONeill-Rosas surprise visits to Jels

office, besides engaging in lascivious physical contacts with

Each time O'Neill-Rosa would walk into Jels office

interposing filing records as a shield between his body and

pushing him back to separate him from her.

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 8 of 34

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

telephone to invite her out, so that she would answer his

Municipal Offices where Jel performed some of her duties and

Committee of Mayor ONeill-Garca, ONeill-Rosa approached and

gestures with his tongue or bit his lips in a sexual manner.

Offices, in political activities, around her house and at the

Case 3:16-cv-01585-ADC Document 1 Filed 03/31/16 Page 9 of 34

multiple phone calls and text messages to her cell phone,