Serrano-Munoz v. Sociedad Espanola de Auxillo, No. 08-1887 (1st Cir. 2012)Annotate this Case
In 1998, the doctor sued his employer (a hospital) in a Puerto Rico court, alleging that the hospital had discriminated against him because of his age. In 2004, one day after he was deposed in connection with that lawsuit, the hospital terminated his employment. The termination decision had been made before the deposition. He then sued in federal court, under the Age Discrimination in Employment Act of 1967, 29 U.S.C. 623(d), and Puerto Rico's general tort statute, Article 1802, P.R. Laws Ann. tit. 31, 5141 alleging that he was terminated in retaliation. A jury awarded nearly $2 million. The First Circuit affirmed, rejecting arguments based on the statute of limitations, proof of causation, and jury instructions.