(DOCUMENTO) DEMANDA DE DOS EMPLEADAS CONTRA EL ALCALDE DE CIDRA ÁNGEL WISO MALAVE POR HOSTIGAMIENTO SEXUAL.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

Jurisdiction:

1. Plaintiffs Marilyn Díaz Montalván and Madeline Ortíz Vázquez, have complied with all EEOC procedures, have been allowed to file this complaint with a letter authorizing them to sue and time limitations applicable necessary to bring this suit into court have been complied with.

1. This Honorable Court has jurisdiction pursuant to 28 USC § 1343, 1383, 1304 and remedies are requested pursuant to 42 USC § 1983, 1985 and 2000E et seq. of the Civil Rights Act and the Equal Employment Opportunity Commission Act, and the Whistleblower Protection Act of 1989, Pub. L. 101-12, April 10, 1989, 113 Stat. 16, as amended, 5 U.S.C.A. §§ 1211-1219, 1221-1222 & 3352; respectively, as amended. The amount in controversy exceeds $75,000, exclusive of costs and interests. All the facts pertinent to the remedies sought herein took place in Cidra, Puerto Rico.

Supplemental Jurisdiction:

3. In any civil action such as this, in which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the Joinder and/or intervention of additional parties. Art. 1802 &1803. Puerto Rico Civil Code (31 LPRA §§ 5141-5142).

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1. Plaintiffs invoke the supplemental jurisdiction of the Court to hear and decide claims arising under the Laws of the Commonwealth of Puerto Rico, particularly under Articles 1802 & 1803 of the PR Civil Code; Law # 17 approved on April 22, 1988, as amended, 29 LPRA, § 155 et sq., Law # 69 approved on July 6, 1985, as amended, 29 LPRA §1321 et. Seq. and Law 100 approved on June 30, 1959, as amended, 29 LPRA § 146, as well as any claims pertaining to pendent parties, such as, any Puerto Rico legislation granting a cause of action for reprisals suffered by a “whistleblower” of personnel and work related incidents.

Injunctive Relief:

1. Plaintiffs Marilyn Díaz Montalván and Madeline Ortíz Vázquez are adversely affected and are suffering irreparable injury and are threatened with further irreparable injury by reason of the laws, policies and practices herein complained of. They have no plain, adequate or complete remedy to redress the wrongs and illegal acts herein, other than this action for declaratory judgment and injunctive relief. Any other remedy to which plaintiffs Marilyn Díaz Montalván and Madeline Ortíz Vázquez could be remitted would be attended by such uncertainties and delays as to deny substantial relief, and it would involve a multiplicity of suits and would cause further irreparable injuries, damages, vexations and inconvenience.

1. This is a proceeding claiming damages for violations of plaintiffs’ civil

rights  and  seeking  an  injunction  restraining  defendants  from  continuing  or

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maintaining any policy, practice, custom, and usage of withholding or denying, attempting to withhold or deny, or depriving or attempting to deprive, otherwise interfering, with the rights of plaintiffs and other members of their class, female secretaries working for the Municipality of Cidra, the full use and enjoyment of their constitutional rights at their job without discrimination on the basis of sex and without any kind of harassment.

Parties:

1. Plaintiff Díaz Marilyn Díaz Montalván, at all times pertinent hereto, was and is a secretary working for the Municipality of Cidra, she is married, a mother and a resident of Cidra, Puerto Rico.

1. Plaintiff Díaz Madeline Ortíz Vázquez, at all times pertinent hereto, was and is a secretary working for the Municipality of Cidra, she is married, a mother and a resident of Cidra, Puerto Rico.

1. Codefendant Municipality of Cidra is a municipal corporation organized under the laws of Puerto Rico headed by codefendant Angel Malavé Zayas, and a municipal assembly elected every four (4) years. At all times pertinent hereto said municipality has been and continues to be plaintiffs’ employer.

1. Codefendant Angel Malavé Zayas, at all times pertinent hereto, is of legal age, married, the Mayor of the Municipality of Cidra and a resident of Cidra, Puerto Rico. He is being sued in his individual and in his official capacity.

1. Codefendant Maria Laguna O’Neil has been during all times pertinent to

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this complaint a personal assistant and secretary to codefendant Angel Malavé Zayas. She is of legal age, married and a resident of Cidra Puerto Rico and is being sued in her official and individual capacities.

1. Defendant Luz González Rijos, at all time pertinent hereto, is the director of the Human Resources Department of the Municipality of Cidra. She is of legal age and a resident of Cidra Puerto Rico and is being sued in her official and individual capacities.

1. Upon information and belief, Insurance Companies A, B, C, whose names are unknown at this time, are insurers holding policies that cover damages suffered by plaintiffs. Their names will be substituted as soon as they become known to plaintiffs.

1. The conjugal partnerships composed by codefendants Angel Malavé Zayas and Carmen Gloria Ellsworth Montalván, Maria Laguna O’Neil and Arnold Roberto Ramos Bocachica, Luz G. González Rijos and Carlos Robert are liable to the plaintiffs for any and all damages reasonably foreseeable to and caused by the acts and/or omissions of Angel Malavé Zayas, Maria Laguna O’Neil and Luz G. González Rijos. Said conjugal partnerships are liable under 31 LPRA, Sec. 5141 and are also liable under Law # 17, approved on April 22^nd, 1988, 29 LPRA, Sec.

1. et seq. in a substitute and/or subsidiary fashion if the individually named defendants were to be found insolvent when a money judgment for damages is entered against them.

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1. The Municipality of Cidra at all times pertinent to this complaint was and is in charge of the assignment of positions as well of the administration and enforcement of the rules and regulations of the offices and personnel at said Municipality. This codefendant is further charged with the direct supervision of codefendants and all personnel under its authority in compliance with the Constitution of the Commonwealth of Puerto Rico and the Constitution of the United States, its laws and regulations.

1. Despite plaintiffs repeated complaints to the Human Resources Department about these co-defendants’ continuous and pervasive sexual misconduct and its effect on the office environment and plaintiffs’ well-being, the Human Resources Department failed to correct the situation. The Human Resources Department took no meaningful steps to halt their co-supervisor’s continuous sexual harassment and retaliatory acts and/or omissions despite repeated complaints by plaintiffs that the same were adversely affecting plaintiffs’ workplace. Despite this knowledge, the Human Resources Department, directe4d by co-defendant Luz González Rijos, failed to take any steps to correct the situation at the Mayor’s offices. Instead, it permitted the office environment to deteriorate to the detriment of women employees, including plaintiffs.

1. The negligent and/or willful acts and/or omissions of codefendants, particularly the reckless disregard for plaintiffs’ rights to work in an environment free from sex discrimination and hostility on account of refusing sexual advances

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by the Mayor, their failure to comply with the law, the hostile work environment and the continuous sexual harassment in their workplace, are the proximate and/or effective causes of plaintiffs’ damages.

1. Plaintiffs Marilyn Díaz and Madeline Ortíz Vázquez have suffered damages resulting from the direct continuous sexual harassment from defendant Angel Malavé Zayas, including sexually oriented and vulgar comments, constant invitations to have sex and get intimate, physical touching, sexual insinuations in public at the work place and in front of co-workers during working hours. As a consequence of said acts and sexually aggressive behavior, plaintiffs Marilyn Díaz and Madeline Ortíz Vázquez have been suffering extreme mental anguish and psychological disorders they never suffered from until working at the offices of co-defendant Malavé Zayas. To this date, such suffering is aggravating and is continuous. Defendants are jointly and absolutely liable for the damages suffered by plaintiff Díaz.

1. A pattern and a practice of sex discrimination are supported by the actions and/or omissions of the Municipality of Cidra through its Human Resources Department.
2. Plaintiffs and other members of their class, female secretaries working for the Municipality of Cidra, are now suffering and will continue suffering irreparable injury from defendants’ policies, practices, customs and usage as set forth herein.

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21. These co-defendants took no meaningful steps to halt the continuous sexual harassment affairs despite repeated complaints by employees and by plaintiffs that these affairs were adversely affecting the workplace. Despite plaintiffs’ repeated complaints to the Human Resource Department of the Municipality of Cidra about co-defendant Defendant Angel Malavé Zayas’s pervasive and continuous sexual misconduct and its effect on the office, they failed to correct the situation.

Facts:

A)  Marilyn Díaz Montalván

1. In September 2004, Marilyn Díaz Montalván began working for the Municipality of Cidra. She began her work at the Human Resources Department for the month of December 2004. Codefendant Malavé Angel Malavé Zayas interviewed her to work with him in his office as his secretary. She began working at co-defendant Malavé’s office in December 2004 but her appointment as co-defendant Malavé’s secretary became effective in January 2005.

23.  During the month of January 2005, on a certain workday, plaintiff Díaz Marilyn Díaz Montalván was in her work area when codefendant Malavé arrived and sat behind her and started to touch her neck when she became nervous and asked him herself “why is he was doing this”, then she told codefendant Malavé to respect her.

1. On another occasion also in the month of January 2005 plaintiff Díaz

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went to deliver a document to codefendant Malavé in his office and he began to talk about sex and that he did not like easy women, to which plaintiff Díaz did not know how to respond to such comment.

1. On another occasion on a Friday during the month of January 2005 plaintiff Díaz was in codefendant Malavé’s office tending to some business. While codefendant Malavé was sitting in his chair and she was standing up when suddenly defendant Malavé got up and went towards plaintiff Díaz, got very close to her, grabbed one of her buttocks and told her that he wanted her to model for him. Plaintiff Díaz became nervous and frozen and went into shock; she could not speak and became totally disconcerted and told herself that she had to leave immediately, which she did.

1. On another occasion during the end of January 2005, the director of Human Resources, Mrs. Luz González Rijos had a meeting with codefendant Malavé in his office. When plaintiff Díaz took Mrs. González to co-defendant Malavé’s office, she gave her a hug, began to cry and codefendant González told codefendant Malavé that she was going to take plaintiff Díaz back to the Human Resources Department to work with her. Codefendant Malavé responded by stating that it was her decision if she wanted to go. At that point in time plaintiff Díaz decided to go back to the Human Resources Department for the month of February 2005.

27. When plaintiff Díaz was already working at the Human Resources

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Department, the director, Mrs. González, told plaintiff Díaz that if she had kept working at codefendant Malavé’s office she was going to have to go to bed with him and give him her “pussy”. She also told plaintiff Díaz that codefendant Maria Laguna O’Neil, special aid to co-defendant Malavé, was going to become jealous because the latter places her tits in codefendant Malavé’s mouth. This comment was made to plaintiff Díaz in front of Mrs. Nydia Santos Díaz, Assistant Director of Administrative Services.

28.  Plaintiff Díaz continued to work with the Human Resources Department but a problem arose between she and Mrs. González because Mrs. González was not a regular employee and she wanted to become a permanent employee so Mrs. Nydia Santos was appointed director of Human Resources Department and Mrs. Luz González was appointed Assistant Director of Administrative Services in a transitory position while a job announcement was prepared in order to allow her to become a full time employee. On account of this situation, plaintiff Díaz worked as Mrs. Santos’ secretary, which caused Mrs. González to become jealous because of the cordial relationship that existed between Mrs. Santos and plaintiff Díaz.

29.  On June 22, 2005, plaintiff Díaz’s birthday, she arrived to her office after having had lunch and showed a coworker, Mrs. Livia Sánchez, a gift that her husband had given her, to which codefendant Luz González got upset and began to insult and tell plaintiff Díaz that she treated her as shit and that plaintiff Díaz was selfish, that she did not pay attention to her and that the only person that plaintiff

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Díaz paid attention to was Mrs. Nydia Santos. This took place in front of all the

employees of the Human Resource Department.

30.  On account of this friction between Mrs. González and plaintiff Díaz the Human Resources Director, Mrs. Nydia Santos informed codefendant Malavé that plaintiff Díaz could not continue to work together with Mrs. González because the latter did not get along with plaintiff Díaz and would make her life miserable, for which reason codefendant Malavé decided to transfer plaintiff Díaz back to his office under the supervision of Mrs. Maria Laguna O’Neil, special assistant to co-defendant Malavé, to act as Mrs. Laguna O’Neil’s secretary as an administrative technician but with secretarial functions. This was effective on September 1, 2006.

1. Plaintiff Díaz was content with her new position as Mrs. Laguna O’Neil’s secretary because she did not have to work directly with co-defendant Malavé, all her work was through Mrs. Maria Laguna O’Neil and therefore she developed some kind of empathy with Mrs. Laguna because she seemed to plaintiff Díaz as an amiable, sincere and respectful person that wanted to cooperate with others and help the citizenship. Plaintiff Díaz later realized that she was mistaken about Maria Laguna O’Neil.

1. On a certain day in March 2007, another secretary for co-defendant Malavé, Mrs. Claribel González called plaintiff Díaz to her cellular phone on a Friday after 4:30pm and asked her if she could speak to her. Plaintiff Díaz noticed that Mrs. Claribel González sounded very nervous and asked her what was wrong

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and how she could help her. Mrs. González stated that codefendant Malavé had touched her neck and back and told her that he could caress her further. At that point plaintiff Díaz did not know how to respond and told this to Mrs. Edna Rodriguez who was with her during the phone call.

1. Notwithstanding what Mrs. Claribel González had told plaintiff Díaz about codefendant Malavé caressing and touching her, plaintiff Díaz felt secure in her position since she was under the supervision of Mrs. Laguna O’Neil. She did not worry because she thought that a similar incident like the ones that happened before with co-defendant Malavé would not occur again.

1. Subsequently, on a certain day during early 2007, Mrs. Díaz took a document to Mrs. Laguna O’Neil and when she was returning to her office codefendant Malavé was coming in to his office and stopped to speak to plaintiff Díaz in the hallway and when he turned around to speak to her, he placed his hand in the rear part of her pants and touched her buttocks and pulled on her panties. This happened so quickly that plaintiff Díaz was not able to react. She immediately went to her desk looking pale, she was very nervous and when she entered her work area the following coworkers noticed her nervous and worried look: Mrs. Edna Rodriguez, Mrs. Madeline Ortíz Vázquez and Mr. Javier Carrasquillo, executive assistant to co-defendant Malavé.

1. Co-plaintiff Díaz Madeline Ortíz Vázquez realized that codefendant Malavé had done something to plaintiff Díaz who sat down and put her hands

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behind her head face down. She told Mrs. Madeline Ortíz that codefendant Malavé had pulled on her panties and that she felt embarrassed and humiliated. Mr. Javier Carrasquillo asked her what happened and plaintiff Díaz told him. Mr. Carrasquillo responded by saying that that was disrespectful and then he left the office.

1. After the incident described in the preceding paragraph codefendant Malavé would come to plaintiff Díaz’s desk and make sexual comments with vulgar words such as: “women like to be fucked”, at this plaintiff Díaz remained quiet because she was scared.

1. Every time codefendant Malavé would come to plaintiff Díaz’s desk with vulgar and sexually promiscuous comments, something that happened frequently, he would tell her that they were both adults and that they could speak as adults. Also, whenever plaintiff Díaz had to deliver documents to Mrs. Laguna O’Neil while she was meeting with co-defendant Malavé they would be speaking about sex. Mrs. Laguna O’Neil would tell plaintiff Díaz that she felt sorry for codefendant Malavé because of all the pressures he had and that they needed to make the office environment one that would be agreeable and pleasant so he could feel well. While she listened to these words from Mrs. Laguna plaintiff Díaz asked herself how she could talk to Laguna about what was happening to her if Laguna liked or accepted co-defendant Malavé’s vulgar and sexually deviant language and behavior. Because of such situation, plaintiff Díaz could not confide in Laguna about these embarrassing and hostile environment matters.

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38.  Towards the end of the month of August 2007, new facilities were built for City Hall where plaintiff Díaz continued working as Mrs. Laguna O’Neil’s secretary. Although plaintiff Díaz’s work area was far from co-defendant Malavé’s private office he would continue to go to plaintiff Díaz ’ desk with the same type of sexual comments and sexually deviant behavior and he would get close to plaintiff Díaz ’ ears and tell her how attractive she was (“que buena estás, que rica estás”) and would tell her that she was the type of woman that would climb on top during intercourse does not want to come down (“tu eres de las que se trepa y no se quiere bajar”). These comments codefendant Malavé made every time he had the opportunity and always made them when there was nobody else around. Plaintiff Díaz rejected the comments at all time and told him that he should respect her. During these occasions plaintiff Díaz became nervous, anxious and fearful.

1. Plaintiff Díaz never had the guts or strength to speak about these incidents with anyone because she was scared and because co-defendant Malavé’s wife is her cousin and her husband is the nephew of codefendant Malavé oldest brother’s wife, therefore she did not want anybody to suffer, she was basically between a rock and a hard place and had no idea what to do, she did not want to injure her family.

1. Two days before October 15, 2007, the day of co-defendant Malavé’s speech regarding positive works, the positive projects (“logros”) at the Municipality were being recorded at each municipal department and when they

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arrived to co-defendant Malavé’s office to record, Malavé Zayas, in front of Orlando Torres, sub-Director for Tourism and Arts & Culture, started to shout at Claribel González and she began to cry and immediately ran out of the mayor’s office. Plaintiff Díaz perceived and strongly felt that defendant Malavé did not care about humiliating, abusing or emotionally destroying employees because he believed he was a god. In fact she perceives him as being a dictator and abuser with the secretaries.

1. Towards the end of November 2007, defendant Malavé met with Mrs. Laguna O’Neil to request that Mrs. Laguna and plaintiff Díaz work more closely with him because the person that was helping with the mail and with his agenda and everything that had to do with co-defendant Malavé’s office (Claribel González) was not doing it correctly. Mrs. Claribel González Rodriguez was totally humiliated by co-defendant Malavé, he would shout at her, would scold her about anything, would humiliate her and on one occasion Mrs. González brought co-defendant Malavé’s coffee in a cup that was slightly wet and because of that codefendant Malavé got upset and spoke with Mrs. Laguna and asked her to scold Mrs. González and have her not repeat the incident.

1. Defendant Malavé did not care if he humiliated and emotionally destroyed the employees because he thought he was “God”, he acted as a dictator and as an abuser with the secretaries. When Mrs. Laguna O’Neil informed plaintiff Díaz that codefendant Malavé wanted both of them to work closer with him she

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responded her that she would gladly do so as long as Mrs. Laguna would be with her and that she would work under Mrs. Laguna’s supervision and clearly told Mrs. Laguna that she would not work by herself with co-defendant Malavé. Plaintiff Díaz told Mrs. Laguna O’Neil that she would go to the end of the world with her but not with co-defendant Malavé.

1. Plaintiff Díaz always had the intention of speaking with Mrs. Laguna O’Neil regarding the sexual harassment that she was subjected to on account of co-defendant Malavé’s behavior but she did not dare share the comments because there were rumors of a sentimental relationship or love affair between Mrs. Laguna O’Neil and co-defendant Malavé. Because of this plaintiff Díaz felt totally alone, she thought that if she spoke about the situation she was undergoing, nobody would believe her and she thought that since he was co-defendant Malavé, a powerful person, that everything would go against her and she also thought about her parents, her husband who is a State Policeman (fear of violent actions in reaction to co-defendant Malavé’s sexually charged advances to a married woman) and children, she was terrified and was very scared.

1. Towards the end of December 2007, Mrs. Laguna O’Neil was going to undergo surgery and would be absent form the office from December 10, 2007 through January 21, 2008 and due to these changes codefendant Malavé gave plaintiff Díaz instructions, effective December 10, 2007, to move her desk to another office where she would be working directly with co-defendant Malavé.

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From that day on plaintiff Díaz began to have a sad and depressed looking facial expression, she did not want to be at her job because she knew she was exposing herself again to sexual attacks by co-defendant Malavé, but she somehow felt at ease because in the work area where she was being transferred to, Mrs. Claribel González was going to be acting as co-defendant Malavé’s secretary although she was not appointed to that position.

45.  The day Mrs. Laguna O’Neil was going to be operated on plaintiff Díaz accompanied her and was always available during her recuperation because plaintiff Díaz was sincere in her commitment to do a good work for Mrs. Laguna O’Neil as her secretary. During Mrs. Laguna O’Neil’s absence codefendant Malavé wanted plaintiff Díaz to do everything because he did not trust Mrs. Claribel González and therefore plaintiff Díaz had to provide codefendant Malavé with snacks, lunch, and every time she had to take documents for his signature or consult any detail regarding any agency or dependency plaintiff Díaz would be petrified and fearful.

1. Every time when plaintiff Díaz had to go to Malavé for some official business he would take advantage and begin touch her buttocks, ask her if she liked to be fucked through her ass because that is what women like, he would tell her that her husband’s dick would not get hard anymore, that she was the type of woman that likes to get on top and not get down, that her tits were delicious to suck on, he asked her how many orgasms she could have, and told her that he

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could give her seven orgasms (“empezó a tocarme las nalgas, a decirme que si a mi me gustaba que me lo metieran por el culo, porque a las mujeres eso es lo que les gusta, a tu marido ya no se le para, ah, tu eres de las que se trepa y no se quiere bajar, ah, esas tetas estan ricas para chuparlas, que cuantos orgasmos tu puedes tener, que él me podia dar siete orgasmos”), to which plaintiff Díaz asked him to respect her.

1. She got so desperate that she felt like she wanted to smack him on the face and always he would tell her that since they were adults he could talk about these things with her. Plaintiff Díaz began to feel much fear, filth, repugnance towards codefendant Malavé, she could not tolerate him and she would start thinking of wanting to go out shouting and commit suicide or never go back to work but the need of having a family to feed made her continue working.

1. Plaintiff Díaz ’s physical and mental condition began to rapidly deteriorate, she lost weight, she was always sad, in order to go to work she had to go to a drugstore to buy “Benadril” and take it in order to function, spending most of the day at work as a “zombie” in order to be able to stand the humiliations and the sexual harassment and work harassment by Defendant Angel Malavé Zayas. The situation at work had become a total agony and Calvary for plaintiff Díaz because of the incidents that began on December 10, 2007 when she moved to co-defendant Malavé’s office and continued.

1. When plaintiff Díaz called Mrs. Laguna to see how she was feeling

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from her operation she always told her that she was missed at the office, that she was needed at the office, to please hurry in her recuperation to be with them at the office, but in reality plaintiff Díaz could not bear any more what co-defendant Malavé was doing to her. When Mrs. Laguna O’Neil came back to work on January 22, 2008, new instructions were imparted where Mrs. González and plaintiff Díaz were supposed to provide codefendant Malavé with snacks at 10:00am, lunch at 12:00pm and another snack at 3:00pm as if this were part of the secretaries’ work obligations. They also had the obligation of performing excellent administrative work because if not he would scold them repeatedly, but plaintiff Díaz was slightly relieved because she was back working with Mrs. Laguna O’Neil and not directly with co-defendant Malavé. Shortly after those instructions Mrs. Laguna O’Neil and codefendant Malavé offered plaintiff Díaz a new position as co-defendant Malavé’s secretary but the person that really would be performing co-defendant Malavé’s secretary’s duties would be Mrs. Laguna O’Neil and because this would increase plaintiff Díaz salary she accepted knowing that she would be working with Mrs. Laguna O’Neil directly and not directly with co-defendant Malavé.

50. February went by and in March 2008, Defendant Malavé again grabbed plaintiff Díaz’s buttocks. During the month of April 2008, Mrs. Claribel González became depressed and began to be absent and plaintiff Díaz had to remain by herself in the working area near co-defendant Malavé’s office. Malavé continued

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with the sexual harassment grabbing Mrs. plaintiff Díaz’s buttocks, placing his hands inside plaintiff Díaz’s shirt, touching her neck and plaintiff Díaz rejected these physical assaults and asked codefendant Malavé to respect her. She told Mrs. Laguna O’Neil that she wanted to leave and work in another area. She told Mrs. Laguna that she would do anything she told her to do and she would say these things while crying but Laguna never asked plaintiff Díaz what were the reasons to want to leave that office.

1. When this was happening plaintiff Díaz began to call her coworkers, particularly co-plaintiff Díaz Mrs. Madeline Ortíz while crying, called her early in the morning, about 5:30am, telling her that she did not want to go to work. She also called coworker Mrs. Zulma Velazquez Longo, the auxiliary director of Administrative Services and told her that she had to leave that place but plaintiff Díaz for fear of not having retaliation against her did not do so.

1. During the month of April 2008, when Mrs. Claribel González was transferred to work with the administrative services office a new secretary was assigned to work together with plaintiff Díaz, Mrs. Kathy Cotto, who accepted because she would be working with plaintiff Díaz but with the condition that she would not have any direct contact with co-defendant Malavé. During this period of time, every time plaintiff Díaz had to go to deliver daily work or any kind of documents to codefendant Malavé he would again begin to talk about sex to her stating that women have to have their clitoris fondled with the finger so that they

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can have their orgasms (“a la mujer se le acaricia el clitoris con el dedo para que tenga su orgasmo”). He also would talk to plaintiff Díaz about Mrs. Nydia Santos, director of administrative services, saying that her husband does not know how to fuck her, that Mrs. Nydia Santos was not good enough for one fuck, that what she needed was a good male and that Nydia’s husband was a queer (“que a ésta el marido no la sabía clavar, que Nydia no daba ni para un polvo, que lo que le hacía falta era un buen macho, que el esposo de Nydia era pato”). Not only that, he also started talking badly about Mrs. Laguna O’Neil, his special assistant, telling plaintiff Díaz how fat Mrs. Laguna O’Neil had gotten and how big of a belly she had, that she was getting horrible just like her husband and he also told plaintiff Díaz not to say anything to María Laguna.

53. To plaintiff Díaz it appeared that co-defendant Malavé wanted to get rid of Mrs. Laguna but did not dare tell her and he was now more interested in Nydia Santos. On one occasion during 2008, in front of plaintiff Díaz, codefendant Malavé pulled Mrs. Nydia Santos’ blouse up, looked into her bosom, and told her that she had delicious looking tits and she hit his hand and told codefendant Malavé to respect her. Besides sexually harassing plaintiff Díaz, codefendant Malavé would also speak in a vulgar and sexual tone about other persons such as Basilio Villa Pastor, director of the Finance Department, together with Mrs. Agnes Rodriguez, director of the Alzheimer Center of the Municipality. Codefendant Malavé would state that Mrs. Rodriguez did not forget Mr. Villa Pastor because the

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latter had fucked her anally (“la señora Agnes Rodríguez no podia olvidar al Señor Villa Pastor porque éste se lo había metido por el culo a Agnes”) and that she became attracted (“enchulada”) to Villa Pastor and he also said that Mrs. Luz González, the director of Human Resources, was an old drunkard, an alcoholic and plaintiff Díaz would tell him to stop that that was enough. All of these things he stated to plaintiff Díaz when they were alone in the office, which statements totally embarrassed her.

1. During the month of April 2008, codefendant Malavé got upset that plaintiff Díaz was working closely with Mrs. Laguna O’Neil providing most of the services to her instead of codefendant Malavé. Plaintiff Díaz told Mrs. Laguna O’Neil that codefendant Malavé wanted plaintiff Díaz to take most of the documents and papers to his office and not Mrs. Laguna O’Neil. Mrs. Laguna O’Neil got upset and said that from there on plaintiff Díaz was going to be in charge of taking documents and tending to messages and phone calls, something that plaintiff Díaz felt was totally against the agreement she had made with Mrs. Laguna O’Neil. At that point plaintiff Díaz became very fearful and at the end of April on one occasion plaintiff Díaz had to deliver a weekly report from all the assistants. Said report was supposed to be delivered on every Monday but the last week of April 2008, the report was not delivered because there were new personnel coming in to work.

1. On April 29, 2008, Mrs. Laguna O’Neil, knowing that the reports were

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not ready did not tell this to codefendant Malavé and did not explain that the reasons for the reports not being ready was because the functions of the new employees were missing. When codefendant Malavé arrived and noticed that the reports were not ready he began shouting at plaintiff Díaz and insulting her in front of others which caused plaintiff Díaz to leave the office running and crying and informed her co workers, Mrs. Cotto, Mr. Reyes, Mrs. Ortíz and Mrs. Santos about the humiliation she suffered from codefendant Malavé’s insults and shouting. Mrs. Laguna O’Neil had not been truthful to codefendant Malavé about what was going on and began to be hostile towards plaintiff Díaz.

56. After said incident codefendant Malavé continued to harass plaintiff Díaz giving her extra work, continuously scolding her, leaving notes on the documents, making her re-do documents, stating that she did not know how to read, that she had to be more careful. Plaintiff Díaz went beyond the call of duty and put more than her maximum effort to the point that she would leave the office in the evenings and take work home, which caused problems with her marriage and with her children to the extreme that she did not have any time to cook and when she did cook, days would go by and the food would stay on top of the stove and rot, because she did not have time to clean, she was totally fed up with defendant Malavé. She was already so frustrated and depressed that she began to complain to Mrs. Laguna O’Neil who in turn did not care at all and did not take any steps to put an end to the sexual harassment and hostile environment caused by co-

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defendant Malavé.

1. Plaintiff Díaz became so upset and so frustrated that she decided to speak about this regardless of what could happen to her family. She decided to tell co worker Mr. Luis A. Perez, special aid to co-defendant Malavé, about the sexual harassment and physical assaults that co-defendant Malavé had perpetrated against her including touching her buttocks, grabbing her buttocks, touching her panties, telling her that he wanted to have seven orgasms with her, that codefendant Malavé told her that his dick was six inches long and right there and then plaintiff Díaz told Mr. Luis Perez that her husband knew of this situation, that codefendant Malavé had written in a paper where he wrote about the seven orgasms and threw it in the trash can but when codefendant Malavé went to his office plaintiff Díaz got it out of the trash can and showed it to Kathy Cotto and Mr. Pérez, who were shocked.

1. During the month of May 2008 plaintiff Díaz asked Mr. Perez to help her and speak to Mrs. Laguna O’Neil to see if she could leave that office and work somewhere else. Luis Pérez spoke directly with Mrs. Laguna because she was the supervisor of all personnel assigned to co-defendant Malavé’s office so that she would take action about this sexual harassment that plaintiff Díaz was suffering at the hands of Defendant Malavé. Mrs. Laguna told Mr. Pérez that she would meet with plaintiff Díaz the next day to speak about the matter, which did occur. Plaintiff Díaz spoke with Mrs. Laguna the next day and informed her of all the

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sexual harassment incidents and work harassment incidents perpetrated by Defendant Malavé. She indicated that everything would change, Mrs. Laguna O’Neil promised plaintiff Díaz to change the latter’s desk so she could be together with her and told plaintiff Díaz that she would accompany her. At that point Laguna began to cry and stated that she also wanted to leave, that she would be there two more years and later would leave, that co-defendant Malavé should find another person to help him. She told plaintiff Díaz that she would have her desk changed and that they would work together but never did anything about it. Plaintiff Díaz asked Mrs. Laguna on a daily basis to take her out of there and she never complied.

1. Plaintiff Díaz and Mrs. Kathy Cotto continued to suffer the emotional crises caused by the co-defendant Malavé’s continuous sexual harassment, they both lost weight drastically and their physical and mental conditions got worse except that Mr. Luis Perez helped trying to protect plaintiff Díaz since Mrs. Laguna O’Neil did not take any type of action and the situation and the environment became totally frustrating for plaintiff Díaz who lost appetite, a lot of weight and was always crying and taking “Benadril” in order to be able to get to the office. Kathy Cotto told plaintiff Díaz that she could not continue in those conditions and if she did continue she would have to talk to her husband. Plaintiff Díaz wanted to die.

1. On July 1, 2008, plaintiff Díaz’s career position as administrative

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technician was returned to her but she continued to work as the co-defendant Malavé’s secretary and Mrs. Laguna O’Neil continued to leave her by herself with codefendant Malavé, knowing of the sexual harassment that he had towards plaintiff Díaz. Mr. Pérez and plaintiff Díaz had told Mrs. Laguna about the entire situation. Despite such telling, plaintiff Díaz had to continue providing codefendant Malavé with snacks and buying him lunch, which caused plaintiff Díaz to lose her lunch period and she became a maid instead of a secretary, while codefendant Malavé continued sexually harassing her and Mrs. Laguna was harassing plaintiff Díaz at work and became cold and arrogant towards plaintiff Díaz. She would not listen or be sympathetic with what was happening to plaintiff Díaz nor was she concerned with what co-defendant Malavé continued to do.

61. On a certain day when plaintiff Díaz arrived to her office and looked towards Mrs. Laguna’s office she noticed that Mrs. Laguna was with codefendant Malavé embraced with Malavé and he was grabbing her waist from the back and she in front of him had her hands on top of his enjoying the moment. When they noticed plaintiff Díaz they visibly became surprised with a frightened look, and codefendant Malavé let go of Mrs. Laguna and moved away from the place. Mrs. Laguna was so embarrassed that she did not look at plaintiff Díaz, who walked away and moved towards her desk. Plaintiff Díaz told Mr. Luis Perez Santiago and Mrs. Nydia Santos about this and immediately thereafter more retaliatory behavior continued by both co-defendants Malavé and Mrs. Laguna towards plaintiff Díaz.

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1. The environment became so much more hostile that Mrs. Laguna and plaintiff Díaz had to quit even addressing each other. Mrs. Laguna began to criticize plaintiff Díaz’s work and shout at her and scold her and throw papers at her and assign her duties that were totally unrelated to her job functions.

1. Mrs. Laguna O’Neil did not want to sign the attendance lists of the co-defendant Malavé’s office’s personnel so plaintiff Díaz asked Mrs. Santos to sign the attendance lists so that they did not accumulate. Plaintiff Díaz also had to prepare the tables of the ticket sales for co-defendant Malavé’s birthday. On June 20, 2008, Mrs. Laguna gave plaintiff Díaz instructions around 1:00pm to work with a list of tickets for codefendant Malavé’s birthday which was going to be on June 21. Because plaintiff Díaz was not fast enough for Mrs. Laguna she did not address plaintiff Díaz until she finished the job, which was not part of her duties since it was a personal of co-defendant Malavé and not of the Municipality. Plaintiff Díaz finished with the list at approximately 6:42 in the afternoon, at which time she went out running to her car and began to cry, then called Mrs. Santos who asked her what was wrong with her and she just stated that she could not stand the situation any more, that Mrs. Laguna had been very mean and retaliatory against her.

1. Laguna began to throw documents at plaintiff Díaz, made her feel as inefficient, plaintiff Díaz felt mistreated, humiliated. She treated plaintiff Díaz in a

demeaning  manner.   Plaintiff  Díaz  perceived  Mrs.  Laguna’s  arrogant  and

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humiliating treatment towards her as retaliation because plaintiff Díaz had caught her embraced with codefendant Malavé the day she had seen them fondling each other in the co-defendant Malavé’s office. Mrs. Laguna treated plaintiff Díaz in a hostile, arrogant and disrespectful manner to the point that plaintiff Díaz anointed the hallway between her desk and Mrs. Laguna O’Neil’s office, “hallway of death” and every time plaintiff Díaz entered Mrs. Laguna’s office she felt that there were a huge truck coming towards her without breaks and that it would kill her. At that point of time plaintiff Díaz was suffering on account of this harassment at work which had affected her home, her marriage, she quit visiting her parents so her parents would not see her in the physical condition she was in and learn of the emotional crisis she was suffering. Coworker Luis Pérez told plaintiff Díaz that this entire retaliation and harassment towards her was because Pérez had told Laguna about all of these incidents and because plaintiff Díaz had seen Laguna and Malavé embraced and fondling each other.

65. On a certain day in August 2008, plaintiff Díaz, upset and already fed up with the situation, around 8:00am she met with Mrs. Laguna and told her that she was fed up with the sexual harassment by co-defendant Malavé, that she did not want to continue working with codefendant Malavé and she also told her that codefendant Malavé had grabbed Mrs. Cotto’s buttocks. Mrs. Laguna responded by stating that she knew that their ( Díaz and Laguna’s) friendship was going to go sour as soon as both of them began working more closely with co-defendant

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Malavé, that why plaintiff Díaz did not slap codefendant Malavé in the face, thus inciting violence in t he workplace. Mrs. Laguna never took any action regarding the situation; she was always in favor of co-defendant Malavé. Instead of helping plaintiff Díaz she went to co-defendant Malavé’s office and told him everything that plaintiff Díaz had told her and from that point on codefendant Malavé and Mrs. Laguna both started to humiliate and denigrate plaintiff Díaz and began to not assign her duties that were part of her functions.

1. At the end of August 2008, on a certain day when a call came in for Laguna, co-defendant Malavé told plaintiff Díaz, “stop fooling around with the girls because they are going to accuse me of sexual harassment” (“dejate de estar bromeando con las muchachas porque me van a acusar de un hostigamiento sexual”). He stated this in a joking manner. Shortly thereafter, plaintiff Díaz told Nydia Santos about what co-defendant Malavé had said and Santos stated that co-defendant Malavé had told her that she should not go around saying that he sexually harassed her.

1. On August 28, 2008, plaintiff Díaz received a call from Santos instructing plaintiff Díaz to report on Sept 2 to Luis Pérez at co-defendant Malavé’s office based on instructions from co-defendant Malavé. This instruction on one hand was positive because Pérez had protected plaintiff Díaz but on the other hand what plaintiff Díaz wanted was to leave that filthy office because the Fifth floor of the new city hall had become hell, a basement where debris is stored,

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that is what co-defendant Malavé and Mrs. Laguna had become. Plaintiff Díaz

perceived both as wolves dressed as lambs, to her, they were abusers.

1. Plaintiff Díaz, while crying, called Mrs. Zulma Velázquez, Assistant Director of Administrative Services, and asked her if she could have lunch together with her. She replied in the affirmative and asked if Damian Cartagena, municipal engineer, could also join them and plaintiff Díaz said yes. When plaintiff Díaz went down, Mrs. Velázquez, Mr. Cartagena and Luis Pérez were waiting for her. AS soon as they got in Mr. Cartagená’s vehicle, plaintiff Díaz fell into Mr. Pérez’s arms and began to cry, he also began to cry on account of what she was suffering, but when she told him that she was going to work under his supervision he was glad.

1. On account of the harassment and the depressed state which plaintiff Díaz fell into, on account of retaliatory acts by Mrs. Laguna and Defendant Malavé she was demoralized and psychologically affected, she was suicidal and therefore she had to request the services of a psychologist in INSPIRA in Caguas which she did on September 5, 2008.

70.  For the beginning of September 2008, plaintiff Díaz was transferred and assigned to work together with Mr. Luis Perez, special assistant to co-defendant Malavé, and with Mrs. Nydia Santos. After plaintiff Díaz was assigned to work together with Mr. Perez, on one occasion Defendant Malavé went by plaintiff Díaz’s work area and he stopped right next to plaintiff Díaz and in the presence of

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Mrs. Zulma Velazquez Longo, assistant director of administrative services, codefendant Malavé used his left hand to grab plaintiff Díaz’s right hand and place plaintiff Díaz’s hand in his buttocks and made her touch his ass. Plaintiff Díaz had to force her hand off from co-defendant Malavé’s hand and then codefendant Malavé stated right out there in public that plaintiff Díaz liked to touch codefendant Malavé’s ass. At that point in time plaintiff Díaz shouted “No, no, oh no” and then she lowered her head. This occurred on mid October 2008. This pattern of sexual and work harassment continued until November 25, 2008 when plaintiff Díaz requested vacations, which were granted by Mr. Luis Perez Santiago, and plaintiff Díaz also asked for a transfer to the Planning and Permits Office which was granted to be effective on January 13, 2009.

71. Towards the end of November 2008, attorney Héctor Hernández Soto, legal counsel for the Municipality, told plaintiff Díaz in the presence of Luis Pérez, “I don’t know what has happened here but Marylyn, what I can tell you is that you are an excellent employee, every time I had to call for any situation you always helped me, don’t worry, you are a professional and I know that in the Permits and Planning office you will be alright”. On various occasions co-worker Adalberto Reyes would see plaintiff Díaz crying and asked her what was happening and she would tell him that she would talk to him later. Also, Mr. Reyes on occasions would stay until 4:30 P. M. with plaintiff Díaz when Mr. Luis Pérez and Mrs. Nydia Santos were absent in order to accompany her in case defendant Malavé

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appeared and attempted to sexually harass her again.

1. Plaintiff Díaz took vacation from November 25, 2008 until January 13, 2009. On January 13, 2009, when she reported to work at the Permits and Planning Office, plaintiff Díaz did not have a computer, which was requested from co-defendant Malavé. The computer was never provided, something that was perceived as retaliation by co-defendant Malavé and Mrs. Laguna against plaintiff Díaz for having complained to her co-workers about the harassment and hostile environment.

1. On February 6 2009, plaintiff Díaz was summoned to meet the new Planning and Permit Director but plaintiff Díaz excused herself because she had fear of going to the new building where she was emotionally harmed on so many occasions by Defendant Malavé and Mrs. Laguna O’Neil and because she did not want to see these two persons, she did not go to the meeting and provided a letter to the Human Resources Director explaining her feelings, with a copy sent to Judith Medina, in charge of planning and permits. The Human Resource director, Mrs. Luz G. González did not even ask what the reasons were and did not even read the letter, she just received the letter, stamped it and did not have the courtesy to ask or tell plaintiff Díaz that they should discuss the contents of the letter in private. She just took the letter, turned around and went into her office, totally ignoring plaintiff Díaz and the delicate situation included in the letter. The minute plaintiff Díaz left the letter, the thought that she had to go to that building and have

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to meet or see Malavé and Laguna made her get sick, made her have the desire to vomit and got very scared and nervous thinking about everything that she had to endure when she worked in that new building. Mrs. González left to the Fifth floor to inform Mrs. Laguna of the letter where plaintiff Díaz had complained about the sexual harassment and hostile environment caused by Malavé and Laguna.

1. The mentioned letter had been delivered at 8:35 A. M. That same day Mrs. González notified plaintiff Díaz of a request to meet the next day in the same building where plaintiff Díaz feared to go. Plaintiff Díaz notified Mrs. González that she would gladly meet with Mrs. González at the Planning and Permits Office to avoid going to the same building where co-defendant Malavé’s office was located. Mrs. González did not reply nor did she attempt to meet with plaintiff Díaz at her workplace.

1. On February 9, 2009, the Human Resource director, Mrs. Gonzales, began to harass plaintiff Díaz for not wanting to go to her office which is located in the same building where co-defendant Malavé’s office is located. This harassment that took place notwithstanding the fact that plaintiff Díaz had informed Mrs. González that she could not go to that building because her emotional stability did not allow it on account of plaintiff Díaz’s fear of encountering Defendant Malavé or Mrs. Laguna, both of whom had caused so much pain and so much frustration so far.

1. Notwithstanding Mrs. González’s knowledge that plaintiff Díaz was

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undergoing a severe depression and frustration, on February 12, 2009 she subpoenaed plaintiff Díaz to meet in the building where co-defendant Malavé’s office is located. After said subpoena plaintiff Díaz wrote Mrs. González again and told her that she could not go to that building but that she was willing to meet with her at the Permits and Planning Office. The subpoena to go to Mrs. González’s office caused Plaintiff Díaz to become anguished, persecuted, frustrated and with a desire of shouting because of González’s attitude, with a desire of disappearing from the face of the earth for which reason she decided to abandon her work and seek the care of a psychiatrist in the municipality of Cayey. Plaintiff Díaz was diagnosed with exacerbation of depressive symptomatology, with a depressed mood, marked anxiety, spontaneous crying, sleep disorders, loss of self-value and a feeling of hopelessness, with unstructured death thoughts with a recommendation of beginning treatment with “psycho therapy”, “pharmacotherapy” and a partial hospitalization.

1. As of the date of filing of this complaint Mrs. González has never called regarding the subpoenas she had sent and she never was concerned about plaintiff Díaz’s emotional health, which she knew was in a very dangerous and delicate situation.

78.  Plaintiff Díaz suffers from a depression already described above and she finds it very difficult and frustrating to have to think that she would have to face Defendant Malavé and Mrs. Laguna O’Neil. As a consequence of the acts and/or

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omissions by co-defendant Malavé’s named herein, plaintiff Díaz’s mental and physical status has totally deteriorated, she began urinating on her bed while sleeping, her menstrual cycle was altered, her hair has fallen off, she has lost her appetite and she is constantly irritable and crying, she is under the care of a psychiatrist and has been partially hospitalized at CIMA in Aibonito and was referred to the State Insurance fund.

1. This entire situation has affected plaintiff Díaz’s nuclear family (her husband, her children, her brothers and more so her parents) on account of her family relationship with Defendant Malavé (e.g. the Defendant’s wife is plaintiff Díaz’s mother’s cousin and co-defendant Malavé’s older brother is married to plaintiff Díaz’s husband aunt).

80.  At the workplace, on account of the acts and/or omissions by the named defendants, plaintiff Díaz began to arrive to work later than usual, she forgot to punch the time clock on arrival, they took work away and assigned to another person, Mrs. Laguna would search her desk without warning or notice, they closed files so that she could not have access to documents.

B) Madeline Ortíz Vázquez

81. In the beginning of the year 2005, co-plaintiff Díaz Madeline Ortíz Vázquez was the secretary of Mr. Javier Carrasquillo, executive assistant of defendant Malavé in co-defendant Malavé’s office. When Mr. Carrasquillo resigned Mrs. Ortíz was assigned to be Mr. Luis Perez Santiago’s Secretary, he

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was a special aid to co-defendant Malavé.

82.  At the end of the month of August 2008, Defendant Angel Malavé Zayas offered Madeline Ortíz Vázquez to be one of his secretaries. At this job offering that was totally unexpected and which surprised co-plaintiff Madeline Ortíz, she indicated to codefendant Malavé that she had to think about it. At that moment in time co-plaintiff Díaz Marylyn Díaz Montalván filled the position of codefendant Malavé’s secretary together with Mrs. Cathy Cotto. Co-plaintiff Ortíz Vázquez was somewhat concerned and hesitated in accepting the new position offered by codefendant Malavé because she had observed co-plaintiff Marilyn Díaz Montalván and also Cathy Cotto crying on occasions, she also had observed that they had lost significant amount of weight, their faces were always in a very sad-looking appearance and they also seemed nervous. That worried Mrs. Ortíz quite a bit. In addition to the above the offering made by codefendant Malavé was not a normal offering to a secretary since on many occasions co-plaintiff Díaz, had told Co-plaintiff Ortíz of her worries while working with co-defendant Malavé.

1. Co-plaintiff Madeline Ortíz Vázquez knowing that her immediate boss, Mr. Luis Perez Santiago was retiring on November 30, 2008 for having served 30 years in the public service and since she did not know where she was going to be placed, she decided to accept the position as one of co-defendant Malavé’s secretary, beginning on September 1, 2008. She was placed in a very comfortable and pretty office right near co-defendant Malavé’s office. Mr. Malavé Zayas

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always wanted Mrs. Ortíz to be comfortable and to feel well and tranquil. He would constantly tell Mrs. Ortíz that for anything she needed she should inform him immediately. She was very surprised and somewhat skeptical of such attention and loving care by co-defendant Malavé.

84.  In the beginning of October 2008, co-defendant Angel Malavé began to speak to Mrs. Ortíz about Mrs. Maria Laguna O’Neil, executive assistant of co-defendant Malavé, who had been working with him for about 14 years and was in charge of the personnel working at co-defendant Malavé’s office and she was also in charge of the attendance sheet. Codefendant Malavé would tell Mrs. Ortíz that Mrs. Laguna was fat and that she had a belly and that if she kept on eating was going to get just like her husband, fat and ugly.

1. For the middle of October 2008, codefendant Malavé began to harass Mrs. Ortíz with innuendos and double “entendre” phrases which would make Mrs. Ortíz very uncomfortable. Examples of these comments are the following: “If I grab your tongue I will suck it until I yank it from you” (“si te cojo esa lengua te la chupo hasta arrancártela”), “you always like to be on top” (a ti te gusta estar siempre encima”). When he gave her work to do he would get near Mrs. Ortíz, touch her hair and bring his hand down and also touch her buttocks. This happened on various occasions and every time she would always ask him to please respect her and would tell him that she did not like such behavior. She rejected him always.

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86.  Beginning in November 2008, co-defendant Angel Malavé tried to again begin conversations regarding very intimate subjects, also started talking about things with double meaning which embarrassed Mrs. Ortíz and she told him that she did not like those subjects. Codefendant Malavé responded to her rejections by laughing and telling her that both of them were adults and Mrs. Ortíz very upset and angry reminded codefendant Malavé that she did not like sex subjects and then he repeatedly told her that she liked to be on top. She would remind codefendant Malavé that there was much work to be done, which was one way of reminding co-defendant Malavé the purpose of her being at that place which was basically to perform secretarial functions.

87.  Mrs. Ortíz began to feel rejected, to feel angry, to feel frustrated, fearful, with emotional pain, desperation, treason and deception caused by co-defendant Malavé, who prior to this negative experience, she and her family respected and trusted very much. Mrs. Ortíz grew very frustrated because she would think about her family and she would think of the pain that they would undergo if they found out of what co-defendant Malavé was doing, especially her father who dedicated many years to co-defendant Malavé’s political career and to whom he gave full confidence.

1. Mrs. Ortíz, within her frustration and worry about what was going on with this situation, decided to confide in her fellow worker, Mrs. Yahaira Molina Perez (the wife of one of co-defendant Malavé’s nephews). Mrs. Ortíz told Mrs.

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Molina that she understood her position as a relative of co-defendant Malavé’s family but that she should know what was happening to her because she was the closest person to her within the working environment.

1. Mrs. Molina, worried about what was going on, asked Mrs. Ortíz to narrate what was happening, Mrs. Ortíz told her how worried she was because codefendant Malavé was sexually harassing her constantly. Mrs. Ortíz asked Mrs. Molina as a favor not leave to her alone with co-defendant Malavé, that she should come to her office without knocking and that she should always look for an excuse to come in and interrupt, also asked her to never leave her alone. These were strategies that Mrs. Ortíz had to develop to defend herself from co-defendant Malavé.

1. On account of Mrs. Molina having to leave her work at 4:30pm because of continuing education, Co-plaintiff Ortíz asked Mrs. Edna Rodriguez Amaro, a secretary for Mr. Adalberto Reyes who was also a special aid to co-defendant Malavé, to please not leave her alone in the office after 4:30pm. Mrs. Rodriguez Amaro asked Mrs. Ortíz if something had happened to her. Mrs. Ortíz in fear of having the information made public and the same thing that happened to plaintiff Díaz happening to her, she did not tell Mrs. Rodríguez what was happening. Mrs. Rodriguez did not insist in knowing what the purpose was but agreed to not leave Mrs. Ortíz alone after 4:30pm.

91.  This situation was constantly making Mrs. Ortíz very anxious, she could

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not concentrate in the work and she began to feel very frustrated and depressed. Mrs. Ortíz was the secretary who prepared co-defendant Malavé’s daily agenda but the agenda was constantly subject to changes. When codefendant Malavé had to be in a certain place or meeting according to the agenda he would not be there or attend and he would arrive to the office, turn off the lights when they had to be on and spend much more time in his office. This behavior indicated to Mrs. Ortíz that he was planning some kind of sexual encounter. Mrs. Ortíz in order to avoid codefendant Malavé and in order not to be near him she did not go to the bathroom since the elevator that codefendant Malavé would use was near the bathroom area. Mrs. Ortíz’s worries began to increase and she was always on the defensive and looking for ways of protecting herself from co-defendant Malavé’s bad intentions.

1. On November 6, 2008, Mrs. Ana Martinez began to work at co-defendant Malavé’s office. At that moment Mrs. Ortíz felt a little more at ease since Mrs. Martinez filled an office that was very close to Mrs. Ortíz’s office. Mrs. Ortíz also asked Ana Martinez to provide protection and to not leave her alone when codefendant Malavé was in the office.

1. On December 30, 2008, co-defendant Malavé was in his work doing some administrative type functions; Mrs. Ortíz had to go to his office to look for some documents that he had to sign in order to continue the process and at that point in time co-defendant Malavé got up from his chair went towards the door, which was behind Mrs. Ortíz, he immediately and surprisingly grabbed Mrs. Ortíz

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by the waist and pulled her buttocks towards his genital area and with his left hand touched Mrs. Ortíz’s left breast. Very surprised and anxious Mrs. Ortíz reacted by asking him “What are you doing?! Respect Me!” and she immediately pushed his hand away and abandoned the office.

1. On December 31, 2008 (New Year’s Eve) Mrs. Ortíz received a call to her cell phone from co-defendant Malavé to congratulate her and to know how she was spending New Year’s Eve. She replied that she was having a good time because she was with her family.

1. On January 5, 2009, during the morning, Mrs. Ortíz went to co-defendant Malavé’s office to deliver a document. Mr. Malavé got up and went towards Mrs. Ortíz, Mrs. Ortíz stretched her arm to deliver or to give codefendant Malavé the document she was supposed to deliver, and right then and there Defendant Malavé grabbed her hand and pulled her towards him. Knowing of his bad intentions, Mrs. Ortíz immediately pulled her hand away and in a very upset manner left the office.

1. On January 7, 2009 at approximately 8:15am, Mrs. Ortíz arrived to the office and began to cry, all her body was trembling; she was very scared and also very upset and angry because she could not be there anymore. Mrs. Yahaira Molina and Mrs. Ana Martinez asked her what was happening to her and in a very anxious and nervous voice Mrs. Ortíz explained everything that was happening to her but since Mrs. Ana Martinez did not know, Mrs. Ortíz had commented some

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other things that happened. At that point Mrs. Ortíz contacted her best friend, Carmen Ivette Santiago to explain to her what was happening. On many occasions Mrs. Ortíz had told Mrs. Santiago that she had to tell her something but never confided in her what was going on because they could not meet. Mrs. Ortíz began to pick up her things in order to leave the office. At approximately 9:30am, co-defendant Angel Malavé observed what Mrs. Ortíz was doing but did not ask any questions.

1. On that same day at approximately 10:30am Mrs. Laguna O’Neil, executive assistant to co-defendant Malavé, contacted Mrs. Ortíz and asked her if she knew what was happening to codefendant Malavé because she noticed that he was nervous and very worried. Mrs. Ortíz told Mrs. Laguna “Yes” that she knew what was happening to Mr. Malavé and that she would go by Mrs. Laguna’s office to explain it. On that same day Co-plaintiff Ortíz requested from Maribel Colon, Mrs. Laguna’s secretary, to fill out a sick leave request for two and half days. Mrs. Ortíz picked up her request and went to Mrs. Laguna’s office. She delivered the sick leave sheet and told Mrs. Laguna that she would never go back to that office because codefendant Malavé was a pervert and that she could not work with persons of that nature. She also told Mrs. Laguna that she had lost her concentration long time ago because she had to defend herself from co-defendant Malavé’s sexual harassment and physical advances.

1. Mrs. Laguna sat next to Mrs. Ortíz put her hand on Mrs. Ortíz’s head

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and said that codefendant Malavé did not realize the problems that his behavior could bring him and asked her why she didn’t just hit co-defendant Malavé in his face when he sexually touched her and then keep on going. Mrs. Laguna told Mrs. Ortíz to take a two week sick leave to see if she would change her mind because she knew how good of a secretary Mrs. Ortíz was and she would not like her to leave the office. Mrs. Ortíz replied that her decision was firm that she would not return to co-defendant Malavé’s office and told Mrs. Laguna that she should get some other person to help her in that position. Mrs. Laguna told Mrs. Ortíz that that would not be a problem, that the problem would be co-defendant Malavé. Mrs. Laguna also asked Mrs. Ortíz that if she would like to work with Mrs. Sonia Del Valle, special aid to co-defendant Malavé, but Mrs. Ortíz said no to the offer because it was going to be in the same office and she did not want to see codefendant Malavé’s face anymore. Mrs. Laguna asked her if she knew where she would like to work and Mrs. Ortíz replied that she had not thought about that, that what she was feeling at that moment was a desire to go running out of that place and never return.

99. Once that conversation ended Mrs. Laguna at approximately 11:55am on January 7, 2009, said good bye to Mrs. Ortíz and told her that she felt sorry for what had happened but that she should leave with her dignity and her stature, with her head held up. Laguna did not provide any counseling, did not take a complaint or take notes of the complaints did not refer her to the Human Resources director

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for the filing of a complaint, and did not provide any type of protocol or inform her of any type of procedure for placing a sexual harassment complaint against co-defendant Malavé or where to request an investigation and/or seek protection from the hostilities she was having to endure.. She basically protected co-defendant Malavé by failing to make any referrals or placing a complaint or requesting an investigation with the Municipal Assembly, the entity in charge of investigating co-defendant Malavé’s behavior and compliance with the law.

1. When Mrs. Ortíz left Mrs. Laguna’s office she encountered Mrs. Yahaira Molina and Mrs. Ana Martinez and they both invited Mrs. Ortíz to go out to lunch and she accepted. They spoke about all the sexual harassment that codefendant Malavé was performing on Mrs. Ortíz. At approximately 1:00pm when Mrs. Ortíz did not return to the office she received two calls on her cellular phone from co-defendant Malavé Zayas but Mrs. Ortíz did not answer. After noontime, January 7, 2009, Mrs. Ortíz had no further contact with co-defendant Malavé Zayas or with Mrs. Laguna O’Neil.

1. As a consequence of the sexual harassment perpetrated to Mrs. Ortíz by co-defendant Malavé, Mrs. Ortíz has suffered significantly as to her emotional health, she is suffering from insomnia, bad dreams, irritability, lack of concentration, she wants to be alone all the time, she is always very upset, crying, mad and she has constant mental anguish and anxiety. As a consequence of this entire situation caused by codefendant Malavé and his deviant behavior Mrs.

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Ortíz’s family has been emotionally affected, particularly her husband, her children, her father, mother and siblings. Also on account of this situation she has had so much anxiety that her weight has increased and on January 15, 2009 she reported to the State Insurance Fund.

1. As of March 1, 2009, Mrs. Ortíz had not received any notice on the part of Human Resources Director Luz González Rijos regarding her employment and work conditions despite her knowledge of the reasons why co-plaintiff Ortíz had reported to the state insurance fund. Ever since early February, 2009 Mrs. Ortíz has been receiving psychological and psychiatric treatment through the State Insurance Fund for the mental disorders she developed when she began to work at co-defendant Malavé’s office in the Municipality of Cidra.

1. Plaintiffs Díaz Marilyn Montalván and Madeline Ortíz Vázquez have suffered adverse employment conditions as a result of their respective rejections to Codefendant Malavé’s continuous, pervasive, deviant and sick sexual advances and bodily intrusions and assaults. Plaintiffs were subjected to severe psychological stress as a result of the demeaning environment in which they were required to work.

FIRST CAUSE OF ACTION

1. Plaintiffs incorporate herein paragraphs 1-103 as if fully set forth

herein.

1. Defendant Municipality of Cidra, as plaintiffs’ employer failed to

45

provide for a procedure to channel complaints of sexual harassment and failed to establish a meaningful manner to seek redress for acts and omissions constituting a hostile working environment and acts of retaliation endured by plaintiffs. As such it is liable under Title VII of the Civil Rights Act and under 31 LPRA Section 1803 under its vicarious liability as the employer of the named three co-defendants, Angel Malavé Zayas, Maria Laguna O’Neil and Luz G. González Rijos.

SECOND CAUSE OF ACTION

106. Plaintiffs incorporate herein paragraphs 1-105 as if fully set forth

herein.

107. Defendants Angel Malavé Zayas, Maria Laguna O’Neil and Luz González Rijos are individually liable to plaintiffs inasmuch as they all three, acting under the authority of their municipal government posts and under color of law pursuant to such purported authority, subjected plaintiffs to be deprived of their constitutional rights to not be deprived of their liberty, freedom of speech and property without due process of law and of their rights to not be subject to unreasonable searches and seizures, guaranteed by the Fourth and Fifth Amendments to the Constitution of the United States. Such acts and omissions by the named defendants acting under color of law make them liable to plaintiffs pursuant to 42 USC, Section 1983.

THIRD CAUSE OF ACTION

108.  Plaintiffs incorporate herein paragraphs 1-107 as if fully set forth

46

herein.

1. Defendants Municipality of Cidra, Angel Malavé Zayas, Maria Laguna O’Neil and Luz González, through their acts and/or omissions set forth above incurred in willful blindness, reckless negligence and/or intentional infliction of emotional harm against plaintiffs. They are liable under the laws of Puerto Rico for the damages that such negligence caused and/or which they foresaw or could have foreseen to occur. They are liable to plaintiffs under 31 LPRA, Articles 1802 and 1803 as well as under the special labor laws of Puerto Rico that prohibit discrimination at the workplace, particularly discrimination based on gender.

1. As a result of the above acts and/or omissions by the named defendants constituting intentional infliction of emotional harm, willful blindness, negligence and/or reckless disregard for plaintiffs’ rights to work in a place free from sexual harassment and sex discrimination, free from a hostile working environment, plaintiffs have suffered mental and physical damages to their bodies, minds, health and behavior, loss of belief in the American dream of equality, damages which can be reasonably established in an amount of money not less than the following amounts as Compensation for:

1. Mental and Psychological damages- - ONE MILLION DOLLARS ($1,000,000.00) EACH ;

1. Punitive Damages - Marilyn Díaz Montalván and Madeline Ortíz Vázquez – TWO MILLION DOLLARS ($2,000,000.00);

47

c) Future Pecuniary Losses - Marilyn Díaz Montalván and Madeline Ortíz Vázquez - ONE HUNDRED THOUSAND DOLLARS ($100,000.00);

d) Compensatory Damages - Marilyn Díaz Montalván and Madeline Ortíz Vázquez – ONE MILLION DOLLARS ($1,000,000.00) EACH;

e) Double Compensation – Marilyn Díaz Montalván and Madeline Ortíz Vázquez - TWO MILLION DOLLARS ($2,000,000.00);

plus costs and legal fees, and expert fees; and double damages compensation pursuant to Law 17, April 22, 1988, (29 Puerto Rico Laws Annotates § 155-J).

WHEREFORE  plaintiffs  demand  judgment  against  defendants  and

additionally respectfully pray that upon the filing of this complaint, the Court, as

may appear proper and convenient:

1.        Issue a preliminary order, restraining co-defendants Municipality of Cidra and Angel Malavé Zayas, their agents, and those persons acting in concert participation with them, from violating PLAINTIFFS’ civil rights; or otherwise denying the plaintiffs and other members of their class, females working for the Municipality of Cidra, the right to be free from continuous sexual harassment and/or a hostile working environment or to otherwise exercise rights secured by the First Amendment and the Due Process Clause of the Fourteenth Amendment to the Constitution the United States.

1. Advance this action on the docket and order a speedy hearing of this action according to law, and upon such hearing. Enter a judgment or decree declaring that defendants’ acts and omissions are void and repugnant to

48

the First Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution the United States of America;

1. Permanently enjoin co-defendants Municipality of Cidra and Angel Malavé Zayas, their agents, employees, successors, and all persons acting in concert and participation with them, from violating plaintiffs’ civil rights; or otherwise denying plaintiffs and members of their class the right to be free from continuous sexual harassment and/or a hostile working environment.

1. Allow plaintiffs’ compensation for damages they have suffered, damages to their health and behavior, loss of belief in the American Dream of equality, damages which can be reasonably established as stated above.

1. Allow the Plaintiffs a constructive seniority for both competitive positions and benefits, with all back pay and other attendant fringe benefits accruing to an employee and in the capacity in which plaintiffs were employed at the time of commencement of the continuous sexual harassment and hostile work environment as described above in detail.

1. That defendants be ordered and directed to pay to plaintiffs costs, including reasonable attorneys fees, and expert fees, as part of their costs in this cause pursuant to 42 USC § 2000e-5(k) as may appear to the court to be equitable and just.

1. That defendants be warned against any attempt to harass, interfere, influence, threaten, extort and/or attempt to contact any witnesses favorable to the plaintiffs in order for them not to testify or alter their truthful testimonies favorable to plaintiffs, which acts may be considered violations of federal and state laws prohibiting witness tampering.

1. And any other relief this Court may deem plaintiffs to be entitled to pursuant to 42 USC § 1988 within the spirit and contents of Rules 1 and 15(a)of the Federal Rules of

49

Civil  Procedure, plaintiffs respectfully pray that this

Honorable Court grant the remedies sought herein.

Plaintiffs respectfully request a trial by jury.

RESPECTFULLY SUBMITTED in San Juan, Puerto Rico this 29^th day of

June 2009.

S/FRANK D. INSERNI MILAM

FRANK D. INSERNI MILAM

USDC-127807

P. O., BOX 193748

HATO REY, PUERTO RICO 00919-3748

TEL. (787) 759-7572/763-3851/fax: 763-5223

demescr, fed. Díaz Marylyn, compl 062909

Comentarios  

 

+1 #2 Esto no es nada nuevo en Puerto Rico pero parece mentira que aun en el 2010 no se haya hecho nada al respecto — Sra. Eileen G. Currá 19-07-2010 09:25

La corrupción ha dañado todo en Puerto Rico y es triste que esto se escude con la política de nuevo. ¿Qué está pasando con nuestra sociedad que no cogen este tema en serio. Es un acto repetido constantemente como la Violencia Domestica.

 

 

+1 #1 no es nada nuevo — irisantongiorgi 10-07-2010 02:06

Es que esto no es nuevo en la politica de este pais. Y no se que esta pasando que no cojen esto en serio .Es repetitivo esta accion.

 

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