De-Jesus v. Potter

Filing 920061227

Opinion

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var WPFootnote1 = 'Of the Tenth Circuit, sitting by designation.\
'

var WPFootnote2 = 'EAS refers to the Executive and Administrative System of\
pay and grade. The higher the EAS level, the higher the pay\
range and grade.\
'

var WPFootnote3 = 'The realignment plan left unaffected staffing conditions\
on the Contracts functions.\
'

var WPFootnote4 = 'Antongiorgi applied and was granted an interview for a\
EAS 21 position. During the interview, Stein asked\
Antongiorgi whether if selected for the position he would be\
willing to relocate to New York. Antongiorgi expressed an\
unwillingness to relocate and, consequently, was not offered\
the position.\
'

var WPFootnote5 = 'In addition to Plaintiff’s disparate treatment claim,\
Plaintiff also brought a disparate impact claim alleging\
Defendant’s practice as it relates to excluding the\
Caribbean Branch from being assigned EAS Level 21 and 23\
positions constitutes national origin discrimination. \
According to Plaintiff, Stein’s decision to exclude “Puerto\
Rico from higher grade levels, has an adverse impact on all\
the employees of the Caribbean Branch . . . in terms of\
their professional advancements and development[,]” and on\
Plaintiff in terms of “her career development[.]” \
                                 Plaintiff’s disparate impact claim fails for two\
reasons. As discussed, Plaintiff presented no evidence she\
was not promoted as a result of Defendant’s decision not to\
assign the newly created positions to the Caribbean Branch. \
Plaintiff’s claim also fails insofar as she attempts to step\
into the shoes of the Caribbean employees who were allegedly\
discriminated against as a result of Defendant’s act. \
Plaintiff lacks standing to bring a claim on behalf of the\
Caribbean employees allegedly affected by Defendant’s act. \
To have standing, a plaintiff must allege some personal\
injury fairly traceable to the defendant’s allegedly\
unlawful conduct, which she has not done here. See Baena v.\
KPMG LLP, 453 F.3d 1, 4 (1st Cir. 2006) (citing Valley Forge\
Christian Coll. v. Americans United for Separation of Church\
and State, Inc., 454 U.S. 464, 472 (1982)). Therefore,\
Plaintiff cannot prevail on her disparate impact claim.\
'

var WPFootnote6 = 'Plaintiff also argues the alleged acts of discrimination\
discussed above are also acts of retaliation because in 1997\
she engaged in protected activity by filing a complaint of\
discrimination against the Postal Service. We find\
Plaintiff’s argument unpersuasive. All the alleged acts of\
discrimination occurred in 2003. Plaintiff presented no\
evidence of a casual connection between the adverse\
employment actions in 2003 and the protected activity in\
1997, nor can we reasonably infer any such evidence. See,\
e.g., Centro Medico del Turabo, Inc. v. Feliciano de\
Melecio, 406 F.3d 1, 11 n.5 (1st Cir. 2005) (citing cases\
holding too much time between protected activity and\
retaliatory act undermines argument of a causal connection).\
'

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