Professional Documents
Culture Documents
Plaintiff, Appellee,
v.
Defendants, Appellants.
____________________
____________________
Before
____________________
Ivan A. Ramos,
_____________
appellants.
Terence G. Connor, with whom
__________________
Laura F. Patallo,
________________
Morgan, Lewis
_____________
and
Goldman Antonetti
__________________
January 7, 1998
____________________
STAHL,
STAHL,
Circuit
Circuit
Judge.
Judge.
Defendants-appellants
_______________
Radames Cardoza-Rodriguez
the
favor
of plaintiff-appellee
enforcing
releases of
appellants
and
Discrimination
vacate
declaration
Nonetheless,
judgment
on
of a declaratory
American Airlines
appeal from
judgment in
("American")
executed by
and
et al., ("employees")
__ ___
and
that
remand
the
in
releases
part
at
the
We reverse
in part
district
court's
issue are
enforceable.
the
employees'
counterclaim,
finding
the
I.
I.
__
Background
Background
__________
Because the
judgment
on
recite the
party,
plaintiff's
motion
for
the declaratory
summary judgment,
we
v. Shalala, 124
_______
F.3d 298,
On
reduction
September
part
a workforce
Puerto Rico,
Retirement
Program
to
offered
of
reservation,
opportunity
American
1994, as
certain
the
program,
21,
participate
("VERP").
The
in
VERP
Voluntary
provided
Early
for the
-22
addition
of five
purposes of
years to
calculating
each
employee's actual
retirements
benefits,
age for
five
years
immediate retirement
medical benefits
and travel
benefits.
be at the
employee had to
American informed
details by
providing
the employees
of the
various VERP-related
program's
documents.
The
the
program warned
carefully, and
11,
1994,
election
seven
In
to
read
forty-five days
rescission
order
to
to sign a "Voluntary
given
day
participate.
Election
employees
the
materials
with
to
the
the decision
irrevocable," that he
to make
the
period after
an
participate,
an
Early Retirement
was "completely
or she had
election, and
been
that all
of work, he
or she
would be
required to
sign a
"Complete
related
liability
including,
discrimination claims."
-33
specifically,
"age
The VERP
attest
to
election form
having read
the
employee agreed
American
not to
in any
required each
entire
employee to
release form
prior
bring any
legal proceeding
to
the
against
or tribunal,
if
provided the
and
"I
opportunity
representative
attorney's
stating:
a material release
fees.
have
to
The
had reasonable
consult
of
release
my
own
with
contained
release costs
a provision
and
sufficient
an
independent
choosing
before
time and
signing
legal
this
Complete
Release
documentation
with their
neither
of
All
advised the
families and
the
release
Claims."
employee to
to "consult
nor
Although
any
of
the
discuss the
a financial
the
VERP
VERP
program
advisor,"
documentation
to executing
mention
the release
of independent
or electing to
legal advice
was
retire.
The only
contained in
the
day of work.
retirement
period.
program on various
in the early
-44
the
employees'
termination
dates
employees
American
continued to
work.
would
depend
on
Over
the
next ten
the
the
months,
The earliest
termination occurred on
did
not
occur
termination,
until
September
American paid
the
29,
1995.
the latest
After
VERP's enhanced
each
retirement
benefits.
from
record),
appellants
the
each
of
the
accepted
and
On
October
27,
1995,
over
file administrative
Puerto Rico
year
the
Anti-Discrimination Unit
after
("ADU") and
both the
the Equal
that
their
election
to
participate
in
the
VERP
was
them
certain
management employees
believe that
led
older
reservation
and cargo
subcontract
to an
jeopardy.
had
departments
outside company,
However, once
American asked
them to
to
train new,
-55
to
operations in the
another location
placing
the employees
employees
their jobs
elected to
or
in
retire,
younger replacements
to
fill their
jobs.
materialized.
job losses
never
-66
II.
II.
___
Prior Proceedings
Prior Proceedings
_________________
On
the
appellants'
ADU
filings
by
initiating
the
instant
pleadings,
American asked
See 28 U.S.C.
___
the district
2201.
court
In its
to issue
an
the parties in
1132(a)(3).1
Subsequently,
____________________
1.
our
Although
duty
to inquire
jurisdiction.
sua
sponte into
our
subject matter
1002 (1st
Cir. 1988).
judgment
action under
American
brought this
ERISA, which
provides
F.2d 1000,
declaratory
for a
action:
by a .
. . fiduciary
(A) to enjoin
any
terms
of
other
the
plan,
appropriate
redress
such
or (B)
equitable
to
obtain
relief
violations
or
(i)
to
(ii)
to
it is
civil
29 U.S.C.
1132(a)(3).
question of whether
1132(a)(3)
Compare Winstead v. J.C. Penny Co., Inc., 933 F.2d 576, 578_______ ________
____________________
79
(7th Cir.
obtain
terms
a declaration
of a plan),
F.2d 1520,
allow an
pay
1991)
1132(a)(3)
allows
regarding its
a fiduciary
obligations
1523 (11th
Cir. 1987)
insurer to obtain
under the
Arnold, 809
______
1132(a)(3) does
a clarification of its
severance programs). In
to
not
duty to
v. Laborers
________
Federal
original
judgment
courts
have
jurisdiction
suits
in
-77
regularly
over
which,
taken
declaratory
if
the
American
approve
the deposit
R. Civ. P.
of future
67 to have
payments
of the
the court
employees'
"court registry").
May 1996,
due under
The employees
counterclaimed against
American for
Evidently,
once
the
district
court
allowed
employees' retirement
registry, a
their claims.
Of
the
into the
to
deposit the
abandoned
benefits
American
court
twenty-one employees
who
____________________
action to
suit
brought a
enforce its
would necessarily
rights,
present
federal question.
declaratory
infringement);
cf.
___
Tax
Bd.,
involving
actions
463
at
patent
v. Colonial
________
and
dismissing
____________________
declaratory judgment action where threatened coercive action
was based on state law).
whether characterized as
see 29 U.S.C.
___
federal question.
1132(a)(1)(B),
OWBPA, clearly
As a result,
sue under
presents a
American's request
1331.
-88
brought
case on appeal.
On
July
22,
1996,
American
moved
for
summary
law; and
(2) the
defendants could
summary judgment
inter
_____
alia,
____
been untimely.
on
the
that the
employees'
and local
American
counterclaim
employees administrative
agreements
entered
by
them
in
(2)
the
release
agreements
arguing,
filings had
claims
preclude
and on
defendants
against
from
raising
American
employment or
claims for
any
relating
claims
to
retirement, including
age discrimination
their
the
under the
(3)
Defendants
claims
of
EEOC
and
failed
to
file
age discrimination
Puerto
Rico's
with
their
the
Anti-
In
light of
this declaration,
the
district court
granted
III.
III.
____
Standard of Review
Standard of Review
__________________
-9-
We
"review a
judgment de novo."
_______
district
Marrero-Garcia
______________
1994).
Summary
admissions
show
on files, together
court's
grant of
summary
judgment is appropriate
when
if any,
of law."
Fed. R. Civ.
P. 56(c).
In reviewing
most
an award of
reasonable
Griggs-Ryan v.
___________
Notwithstanding the
on unsworn allegations.
Rico, 27
____
F.3d 746,
Morris
______
748 (1st
Cir.
1994).
"[T]o defeat
party
must
establish
trial-worthy
issue by
to enable a finding
presenting
favorable to
F.3d 836, 842 (1st Cir. 1993) (quoting Goldman v. First Nat'l
.
_______
___________
Bank of Boston,
________________
985
F.2d
1116
panel is
not
(1st
Cir. 1993)).
Finally,
"[a]n
district
on
appellate
1113,
restricted
Mesnick v. General
.
_______
_______
-1010
to the
-1111
IV.
IV.
___
Discussion
Discussion
__________
Here, we
First,
was
the
are
district
employees' release
100
faced with
court's
operated as a
claims correct?
two distinct
Second,
questions.
declaration
if the
release does
that
the
and Law
not bar
matter of
law?
We answer
the
first
question in
the
that
We agree, however,
bars their
ADEA counterclaims.
employees' counterclaim.
American
the
release the
presents two
employees signed
alternative arguments
is
enforceable: (1)
that
the
if the
release is
return the
OWBPA, by
refusing to
We disagree.
-1212
doctrine
arguments in turn.
We consider their
____________________
2.
We emphasize that
ADEA
decide
claims that
or express
are invalid
any
opinion
on
whether
the
releases of
We
do not
employees
-1313
Although
issue,
American
declaration
the
district court
contends
because the
For
an
that we
can
releases
did
not
reach this
affirm
the court's
the employees
signed are
We disagree.
employee's
waiver of
ADEA
rights
to be
See, e.g.,
___ ____
Long v. Sears Roebuck & Company, 105 F.3d 1529, 1534 (3d Cir.
____
_______________________
1996).
Prior to
the enactment of
and
voluntary.
Some
the OWBPA,
courts split
courts
used
"ordinary
contract
consideration,
see O'Shea
___ ______
F.2d
358, 362
(4th
Cir.),
cert. denied,
_____ ______
112
S. Ct.
177
(1991); Shaheen v. B.F. Goodrich Co., 873 F.2d 105, 107 (6th
.
_______
__________________
(8th
Cir.
1986),
circumstances"
while others
test,
see
___
formulated
Bormann
_______
"totality of
v. AT&T Communications,
_____________________
Inc., 875 F.2d 399, 403 (2d Cir.), cert. denied, 493 U.S. 924
____
_____ ______
(1989); Coventry v.
________
Cir. 1988).
OWBPA,
29
mandating
minimum
waiver:
To
U.S.C.
that a
resolve
this split,
626(f),
waiver
of
which
ADEA
information to constitute
Congress enacted
amended
claims
the
contain
ADEA
the
by
certain
-1414
(1)
The
release must
be
written in
signing
average
the
individual
release,
eligible
or
the
to
participate;
(2)
specifically refer
(3)
the
release
must
not
purport
to
(4)
the
employer
must
provide
(5)
the
employee
must
be
advised
in
(6)
45
to
consider
given at least
signing
if
the
(7)
to
agreement
up to
7 days
(8)
if
the
release
is
offered
in
program, the
employer
relating to the
the
program,
and
information relating to
the
corresponding
employees in the
See 29 U.S.C.
___
The
Raczak v.
______
-1515
demonstrate that
See Id.
___ ___
F.3d 1257,
626(f)(3);
1261 (6th
Cir.
1997).
To
prevail
on
genuine
issue
of
Griffin v.
_______
material
motion
for
summary
judgment,
fact
as
to
whether
was no
the VERP
requirements.
F.3d 368,
See
___
371-72
Surprisingly,
agreement
did
not
the
VERP documents
specifically
advise
the
comprising
employees
29
U.S.C.
626(f)(1)(E).3
Although
each
the
to
See
___
employee
acknowledged
on the
VERP
election
form
having
read
the
to
appears in the
release itself,
termination date as a
release
time and
opportunity to
consult with
their
The
and sufficient
an independent
legal
____________________
3.
On
that the
employees that:
personal attorneys
or advisors
an informed
and voluntary
Although American
contention,
cites to
nowhere except
documentation to
in
the release
support
this
does the
cited
-1616
representative
of
my
own
choosing
although
it advised employees
before
signing
this
to consult financial
and tax
advisors,
to
representatives,
seek
advice
and to
attend
from
local
personnel
retirement seminars,4
nothing
about seeking
independent
making
the election to
retire and
legal
advice
agreeing to
said
prior
to
execute the
Given
the
demonstrate
their
information,
the
burden
agreements
reference
insufficient to satisfy
in enacting
that
an
assess,
626
employee
OWBPA
places on
contain
contained
626(f)(1)(E).
in
employers
the
the
to
required
release
is
"Congress's intent
considering
waiving
ADEA
rights
could
ADEA claim."
Raczak, 103
______
supplied).
is
not knowing
advised in
and
writing
voluntary
to consult
or
"recommend."
unless
with
"the
individual
an attorney
prior
is
to
Dictionary 32 (1986).
__________
could not
____________________
4.
It also
advised
divorced
________
employees to
consult
-1717
an
scheme
with
at issue, especially
discrimination in
in light of
the suspect
Congress's concern
context
of group
exit
with
programs.5
fully
were
persons in their
of 45 and
classifications who
at the highest
____________________
5.
In
the
context
recognizes
of
individually
ADEA
waivers,
fundamental
tailored
the
Committee
distinction
separation
between
agreements
and
the
past
faced with
the
resorted
need to
to
effectuate
decade,
and
that
is available
trademark
of
induce
voluntary
In
than one
voluntarily
benefits
employee.
programs
to
The
is
designed
sever
their
parties.
In
programs
have
addition, employees
little or
being
characteristics.
taken
affected by
no
basis
based
on
Indeed,
the
advises them
of
individual
their
The
programs is
or package of benefits
is
to
reductions.
reduction
generally
action
have
designed
termination
to more
employees
employment.
programs
or package of employee
standardized formula
to
employers
workforce size
wholesale
of involuntary
standardized formula
particular,
reduce
standardized
quick
trademark
in
status.
to suspect
those
that
their
individual
employer
generally
is not
a function
Under
these
______________
circumstances, the need for adequate information and
______________________________________________________
access to
advice before waivers are
signed is
______________________________________________________
especially acute.
_________________
S.
Rep.
No.
101-263,
at
32
(1990),
reprinted in
_____________
-1818
1990
We disagree.
for enhanced
retirement benefits
626(f)(1)(E).
We read section
does
to consult
heart of
section
to the
not satisfy
Because
American
____________________
6.
In
may be
invalidate an
otherwise valid
Raczak,
______
103 F.2d at
advise
the employees
minimis.
to be de
release of
ADEA claims.
obtain
may not
counsel is
See
___
adequately to
in
no way
de
-1919
U.S.C.
See
___
29
626(f)(1).
whether the
OWBPA.
Rather, it
held
that
the
employees'
acceptance
of
enhanced
retirement
deposit
the
disputed
retirement
ratification
of
the
funds
into
the
court's
original
release
agreement.
We
disagree.
In the
doctrine
to
past,
enforce
we
have
applied
an otherwise
the
invalid
ratification
release
on the
is induced by
____________________
7.
in
from
whatsoever
legal
against American
et
prohibits employees
proceedings
al.
before
of
any
any
nature
court
or
__
administrative
agency or court
prejudice"
behalf.
if
Section
agency" and
__
requires
them
to "direct
agency
assumes
that
jurisdiction
on
their
waiver may
in an investigation
that
materially
Cf. E.E.O.C.
___ ________
v.
with
communication
1089-90
employee cannot
(5th
Cir.
waive the
1987)(holding pre-OWBPA
that
right to file
with the
EEOC).
-2020
a charge
an
or release or he will be
do so.'"
633-34
doctrine
on
(2d
1995).
Cir.
1982)).
duress to first
Deren
_____
to
628,
the contract
The
related
tender-back
61 F.3d
received.
1, 1
See
___
(1st Cir.
waiver.
if
ratification
the
and
tender-back
doctrines
apply
to
benefits
ratifies
an
otherwise
claims.8
enactment,
back is
majority,
appropriate when
ADEA waiver.
598,
601-03
See
___
(6th
OWBPA); Oberg
_____
both
invalid
before
waiver
and
after
neither ratification
employees have
of
ADEA
OWBPA's
nor tender-
signed an
invalid
120 F.3d
Cir. 1997)
v. Sears
_____
105 F.3d
(post-OWBPA);
1529, 1533
(3d Cir.
Long
____
1997) (post-
11 F.3d
679 (7th
____________________
8.
This issue has been argued before the Supreme Court and a
decision
is
currently
pending.
See
___
Oubre
_____
v.
Energy
______
551 (5th Cir. 1996), cert. granted, 117 S. Ct. 1466 (1997)).
_____ _______
-2121
Cir.
____________
Forbus
______
1992)
(holding,
tender-back
F.3d
pre-OWBPA,
doctrine); cf.
___
that
F.2d 1036
the
Raczak
______
ADEA
(11th Cir.
displaced
the
rationale the
court in this
Soliman v.
_______
1994).
The
In addition, a district
Fourth and
Fifth
869 F. Supp. 65
Circuits and
some
(D. Mass.
district
courts, however, have held that a waiver that does not comply
with
the
plaintiff
OWBPA
who
is
voidable,
retains
rather
retirement
than
benefits
void;
thus, a
ratifies
the
invalid waiver.
See Blistein
___ ________
F.3d 482,
1995); see
___
College
of Podiatric Medicine,
_________________________________
The
also Hodge v.
____ _____
940
F.
v. Monsanto Co.,
____________
arguments
Supp.
New York
________
579,
947 F. Supp.
for
and
582
1344
against
The decisions
argue
in favor
of ratification
primarily
'knowing' and
-2222
duress,
and
mistake,
1466.
is
apparent
that
circumstances in which a
at
it
would be void."
Congress
was
contract would
Blistein, 74
________
F.3d
subsequent conduct.
See id.
___ ___
any language
in the
statute indicating
that a waiver
that
The
(1968).
at
to apply
At
common law, a
like duress
however,
or mistake.
it specifically
When Congress
rejected
to defenses
enacted the
using ordinary
F.3d at
Rep. No.
1539 (reviewing
legislative history);
note 4, at 32
OWBPA,
contract
Long, 105
____
see also
___ ____
S.
(disapproving of
-2323
Instead,
Congress enacted a
supra
_____
note
4, at
32
(noting that
the
OWBPA "establishes
court may
proceed
to
determine
factually
whether
before
the
Section
voluntary."
Incorporating the
statutory
scheme would
OWBPA Congress
deciding whether
claim be provided
to evaluate
1542.
ratification doctrine
emasculate the
sought to
insure that
to sign an
contract once
"Through
employees faced
the merits of
of
Act.
benefits by
into this
that claim."
retention
See id.
___ ___
the
with
an ADEA
allow them
Long, 105
____
F.3d at
injured party
been discovered.
the
forges
Id.
___
a new
at 1539.
his ADEA claim after having signed the defective release than
_____
benefits
to validate a
it."
Howlett, 120
_______
F.3d at
mean that
-2424
second contract.
of advising
its employees
electing to
retire, the
critical
decision
to consult
an attorney
employee is more
without
the
prior to
likely to
knowledgeable
face a
guidance
age
discrimination.
incorporated
waivers
into
If
this
the
scheme,
an employer
doctrine
could
is
obtain
The very
could
ratification
thus
resurface,
albeit
choice of giving
through
the
to remedy
back
door.
follow
OWBPA's
procedures
and
deter
the
for employers to
the
prosecution
meritorious claims.
Cf. Hogue
___ _____
of
Liability Act
____________________
9.
(1st
Cir.
1995)
in
contending
Such
reliance is misplaced.
his retention of
ERISA
In
waiver is governed
is
to the
ADEA waivers
ratification
Unlike the
that
here, however,
by federal
an
common-law principles,
-2525
The
conflict between
common-law ratification
and
an
employer
seeks to
induce
an employee
to
accept early
retirement.
in exchange
for enhanced
benefits
without which,
American
to
ADEA claims
have
required
to restore
benefits
they
Blakeney,
________
65
stated
the status
received
F.3d
that
at
the
quo
employees
must
by tendering-back
for
waiving
their
claims.
485.
This
position
is
severance benefits
at 72.
however,
In
release.
the context of
tendering
back
an employer would
a voluntary
the
benefits
the
See
___
arguably
employee receives
be
an
not
F.3d
retirement program,
received
does
not
contend that
the
For instance,
employees
should, as a
precondition to suing,
refuse their
retirement benefits
not,
in
other
status quo.
doctrine to
and seek
reinstatement.
words, contemplate
the
retain the
American
restoration
does
of the
economic benefit
of the
employees'
____________________
173,
178 (1st
statutory
Cir. 1995),
procedures.
rather
than a
detailed set
of
-2626
decisions
in
result could
As
"encourage egregious
behavior on
the part
of
retirement
considered
the
issue
and
conclude
that
an
employee's
claims
that fails
reverse the
to comply
district
precludes defendants
with
the OWBPA.10
court's declaration
that the
Thus,
we
release
discrimination claims
____________________
10.
Our holding
is limited
OWBPA's requirements.
only to
Whether the
waivers that
violate
ratification and
tender-
for a different
reason,
see Reid v.
___ ____
-2727
Our rejection of
ADEA
for whether, as
the
the district
claims.
judgment motions,
both parties
to
on
Puerto Rico
release,
despite
the
claims,
nonetheless
claims,
as
employment.
merely
law.
in the summary
well
as
employees'
would
any
invalid
bar their
other
waiver
Puerto
claims
Rico
relating
of
ADEA
Law 100
to their
stated: "The
result
is the
same under
Puerto Rico
law."
In
Long,
____
problem, explained:
the
Third
Circuit,
facing
the
same
its grant of
release as a
whole was
confined as
invalid under
it is to
ADEA
OWBPA, does
not
claims as might
be the
105
F.3d at
1544-45.
adequate opportunity to
To ensure
that
the parties
had an
Long court
____
-2828
non-ADEA
at 1545.
here.
We
While we
prudent approach
express no opinion on
consistent with
our opinion.11
Inc. v.
____
1987)
is warranted
Id.
___
bars non-
further consideration
further consideration).
V.
V.
__
of
the
employees' retirement
benefits
into an
R. Civ. P. 67.
interest-
During
the
____________________
11.
As already
ADEA
and Law
statute
of
noted, we affirm
100
claims
limitations.
because they
See
___
infra.
_____
are
barred by
The
the
statute
had three
of
of
basis
The
parts: (1)
that the release was ratified, (2) that the release precludes
all employment
___
(3) that the
barred.
On appeal, we
claims), and
are time-
trial court's
all respects.
See
___
10A Charles A.
binding on the
judicata in
declared. . . .").
only to the
judgment.
Wright, et
2771
(1983)("A
as
to the
declaratory
subsequent proceedings
Therefore, we
al., Federal
_______
-2929
is
and is
matters
relevant
court s declaratory
ratification issue
counterclaim
is barred
pendency
The question
record
issue
reflects that
on summary
appeal.
to their
there exists
proper disposition.
American choose
judgment and
Therefore, we do
however, that
the
remains as
these funds
not
are due
to
determine
on
We note,
to the employees
on
this
raises it
this issue.
district court
to address
neither party
not reach
The
unless
remand
in
manner
VI.
VI.
___
Statutes of Limitations
Statutes of Limitations
_______________________
The
judgment
on
district
the
ground
court
that
granted
the
American
applicable
summary
limitations
periods
barred
affirm as
all
to the
of the
employees'
federal claims,
counterclaims.
although we clarify
We
that
statute of limitations.
In
employment
"deferral states"
discrimination
(states
laws)
such
which have
as
Puerto
enacted
Rico,
unlawful
practice occurred."
contends
and the
29 U.S.C.
626(d).
American
by the
-3030
ADEA.
We agree.
To
determine
the
timeliness
of
the
unlawful
occurred.
(1989).
The gravamen of
the employees'
complaint is
that
American misled them into believing that they were faced with
an impossible choice:
termination
when
reservations
American
operations
eliminated
in
the
San Juan.
In
or face
cargo
Vega v.
____
and
Kodak
_____
constructive
plaintiff must
nothing more
subterfuge
desire to
ranks
show that
the offer
than a charade,
disguising
purge the
because
of
discharge,
was
that is, a
the
employer's
plaintiff from
his age.
the
. [A]
accepted an employer's
the offer
rock bottom, a
choice
Id. at 480
___
in
an
early
employees.
retirement
As
the
discriminated against
offered
only
discriminatory
to
older
act,
this
-3131
If
program
alleged
omitted).
See
___
Young v. Nat'l Ctr. for Health Servs. Research, 828 F.2d 235,
_____
_____________________________________
238 (4th Cir. 1987); cf. Kimzey v. Wal-Mart Stores, Inc., 107
___ ______
_____________________
F.3d 568,
573 (8th
case).
It follows
that,
at
statutes
to
filing
their
rule in
the latest,
the
Title VII
applicable
administrative
claims.12
Therefore,
the
contrary
are
The
flawed.
The
employees'
arguments
to
the
____________________
12.
The
defendants/employees have
"Summary of
election
Relevant Dates"
and filing
periods.
that set
dates for
American has
provided a
forth the
calculating the
not disputed
table titled
applicable
limitations
the accuracy
of these
dates.
VERP
VERP
ADU
ADU
Days
Days
Employee
Employee
Accepted
Accepted
Filing
Filing
Post VERP
Post VERP
Cardoza-Rodriguez
10/18/94
10/29/95
376
Coll-Figueroa
10/28/94
10/27/95
364
De La Paz
10/11/94
10/27/95
381
Garcia-Caceres
10/12/94
11/15/95
399
De Rivero
10/14/94
10/27/95
378
Martinez-Rivera
12/12/94
10/27/95
318
11/3/94
10/27/95
356
Ortiz-Rosa
10/18/94
11/15/95
393
Santiago-Negron
10/21/94
10/30/95
374
Mattos
Zequiera-Julia
12/13/94
10/27/95
317
Lopez-Garcia
11/10/94
11/15/95
370
-3232
electing to
retire early.
In
Delaware State College v. Ricks, 449 U.S. 250, 257 (1980) the
______________________
_____
when
the employee
discrimination,
was
not
when
was
the denial
257-58.
Here,
his
actual
due
to alleged
employment
race
contract
of tenure,
denied tenure
consequence" of prior
itself was
discrimination
act
Id. at
___
was similarly
VERP.
The
employees' contend
that their
discrimination
them.
This
argument
fails
because
prima
facie
age
by a younger worker.
when
an
See Sanchez
___ _______
employer
implements
the
same position."
Instead,
reduction-in-force,
"the
did not
Hildalgo
________
quotations omitted).
cases).
v.
Cir. 1997)(internal
-3333
"[W]hen
been
an employee
hurt
and
also
knows
that he
has
that
his
knows
to
begin
the
countdown
is
toward
repose.
not know
all the
claim in
Morris, 27 F.3d
______
they knew that the program was offered only to employees over
forty-five
years of
age.
And it
was then,
the employees
it"
their jobs.
As a
result,
pressured
by
into
the
time
accepting
sufficient information to
the
employees
early
were
retirement,
allegedly
they
had
claim.
See id.
___ ___
the
employees elected
to participate
in the
VERP.
Thus,
as a matter of law.
The
employees
equitable estoppel
claims.13
contend
and equitable
that
the
doctrines
tolling should
of
save their
____________________
13.
The
ADEA
filing
period
is
akin
to
statute
of
See
___
Cir. 1992).
-3434
Equitable estoppel
is invoked when an
employee is
aware
due
to his reasonable
reliance on his
employer's deceptive
conduct.
752 (1st
Cir. 1988).
such conduct
same
here.
The employees
Rather, they
have failed
to allege
rise to their
the
There is
no
to delay
evidence
that
American caused
the
employees
into
believing
commence
litigation."
warranted.
that it
was
not
necessary for
[them]
to
Cir. 1986).
demonstrates "excusable
Kale, 861
____
F.2d at
however, if an
of his or
752.
Equitable
her ADEA
fact there is
rights.
Id.
___
not apply,
constructively aware
at 753.
his rights if
statutory rights.
tolling does
employee is actually or
actual knowledge of
the
ignorance" of his
An employee
he "learns or is
a statute outlawing
has
told of
generally aware of
age discrimination."
Id.
___
In
election
this
case,
each
employee
signed
the
VERP
-3535
or
the release.
that the
actual
knowledge of
their ADEA
rights.
In addition,
the
to sign the
"recruitment frenzy of
new
reservation
department
earlier
claim
far
agents"
would remain
claims.
In
and
in Puerto
light of
longer
than
untenable.14
announced
300
days
that
Rico despite
these facts,
the
American's
the employees'
to
pursue
cargo
their
to wait
claims
is
receiving
In pertinent part,
____________________
14.
The employees
allude
to
the
theory
of
continuing
v.
have,
Evans,
_____
however,
431
U.S. 553,
failed
558
properly
(1977).
to
allege
The
any
period.
This claim
of law.
-3636
of
P.R.
723.
several
protected characteristics,
29,
Under substantive
for civil
5298
including age.
(1985); Sanchez,
_______
liability based on
tit. 31,
146
See
___
37 F.2d at
generally, actions
(1991); Rodriguez v.
_________
any one
the time
Nazario De Ferrer et
_____________________
9 (P.R. 1988).
the
Article 1868 of
employee becomes
termination
aware of
notice.15
his injury
Like
through receipt of
____________________
15.
The
(1997)
under
employees
cite
employee
100 begins
was
to
employed.
Sanchez v.
_______
A.E.E.,
______
the
American
contests
opinion, and
atmosphere,
thus, has
was
day that
and persistent
issued
without
value.
opinion of the
a
We
Whenever an
an
this reading,
no precedential
J.T.S. 45
of limitations
last
97
Supreme Court
of Puerto
Rico
is
cited in
a brief
in the bound
certified
or
and oral
argument which
volumes in English, an
stipulated
translation
shall be filed.
-3737
CE-86-417, at
9; see
___
also Montalban v.
____ _________
Puerto
Rico
constructive
law).
Therefore,
discharge,
retire triggers
the
date
in
the
the
context
employee
limitation period.
of
elects to
All
of the
and Zequiera-Julia),
The
Law 100
claims are
as a matter of law.
some evidence
find an
upon which
employer
guilty
a jury
of
could properly
age discrimination.
proceed to
See
___
De
__
(1st
Cir. 1988)
(affirming
complaint
for lack
remaining
four
competent
evidence demonstrating
age
of
summary
individually to
they suffered
rely wholly
evidence).
employees,
discrimination.
judgment
the
These
With
record
is
Law
100
respect
to
the
devoid
of
any
___
four
employees
age discrimination.
on the
on
Rather,
general allegations
victims of
have
failed
attesting that
they appear
contained in
to
their
____________________
The
employees have
decline their
not
complied with
invitation to find
that the
-3838
this rule.
Thus, we
Supreme Court of
Such
See
___
___ ____
appellate panel
can affirm on
any independently
ground).
VIII.
VIII.
_____
sufficient
In conclusion,
the OWBPA
ratify a waiver
We therefore
court's judgment
benefits
that failed to
ratified
the issue
that the
release violated
not act to
OWBPA.
we hold
the release
of the
the
district
employees' retention of
their ADEA
of whether the
of
comply with
claims.
We
to further consider
We
employees' counterclaims.
remanded in part.
_________________
No costs.
-3939