FACTS

Riojas was hired on August 7, 1979. He has been employed as a Gang Machinist since April 2012 . Riojas national origin is Hispanic. He was born September 4, 1957 (age -56). Historical Information

Riojas has held agreement (positions covered by a Collective Bargaining Agreement-“CBA”) and non-agreement positions throughout his employment with UPRR. Riojas worked as a Manager from 2000 until he was involuntarily removed from a management position in 2011 due to his inability to demonstrate the leadership traits needed to supervisor employees. Riojas was the subject of four internal employee relations complaints and two informally complaints. Riojas was determined to be aggressive, disrespectful and unprofessional in his interactions …show more content…
“In order to establish a prima facie case of “failure to promote” discrimination based on national origin and age, Complainant must show that: (1) Complainant belongs to a protected class, (2) he qualified for the position in question, (3) he was not hired despite his qualifications; and (4) the job was given to someone outside the protected group with roughly equivalent or lesser qualifications. See Benoit v. Tech. Mfg. Corp., 331 F.3d 166, 173 (1st Cir.2003); Tex. Dept. of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 n. 6, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); Keyes v. Sec’y of the Navy, 853 F.2d 1016, 1023 (1st Cir.1988); Acevedo v. Johnson & Johnson-Janssen Pharm., 240 F.Supp.2d 127, 132 (D.P.R.2002). Rios v. Rumsfeld, 323 F.Supp.2d 267, 274 (D.Puerto Rico,2004). To establish age discrimination an additional element exists. In a disparate-treatment claim of age bias, a Complainant must prove that age was the “but-for” cause of the employer’s adverse decision. See Bridge v. Phoenix Bond & Indemnity Co., 128 S. Ct. 2131, 553 US 639, 170 L. Ed. 2d 1012 - Supreme Court, 2008 …show more content…
UPRR however, disputes that he was qualified for either the position of ROS/Track Supervisor or ROS/Work Equipment Supervisor. Competition for positions is keen. Furthermore, UPRR does not see that either successful candidate is similarly situated to the Complainant. Riojas was disqualified by the hiring manager for the position of Track Supervisor after participating in an interview. Twenty-six people applied for the position, with only one successful candidate. Riojas neglected to mention that the gentlemen selected while younger was of Hispanic descent. There was no evidence of national origin animus towards Riojas or other Hispanic