EXHIBIT 7

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COMMONWEALTH OF PUERTO RICO

TRIAL COURT

SUPERIOR COURT OF SAN JUAN

NYDIA FEBO VAZQUEZ

Plaintiff,

V. 

PUERTO RICO INDUSTRIAL COMMISSION through its 

President Diana B. Cordero Díaz; SECRETARY OF JUSTICE 

Hon. Wanda Vázquez; GRACE LOZADA CRESPO, in her 

official and personal capacity; JOHANNA AGOSTO NIEVES, 

in her official and personal capacity; IRIS. M. CABEZA 

PÉREZ, in her official and personal capacity; NICHOLLE M. 

TORRES TORRES, in her official and personal capacity. 

Defendants.

CIVIL CASE NO. 

IN RE: DISCRIMINATION BASED ON 

POLITICAL IDEAS; DISCRIMINATION DUE 

TO IMPEDIMENT; REASONABLE 

ACCOMMODATIONS; CIVIL RIGHTS 

VIOLATIONS; RETALIATION

COMPLAINT

TO THE HONORABLE COURT: 

The PLAINTIFF, through her undersigned legal counsel, appears before this Honorable Court and

very respectfully DECLARES, ALLEGES AND REQUESTS: 

PARTIES

1. The Plaintiff is of legal age, and her mailing address is P.O. Box 31080, San Juan, Puerto 

Rico, 00929; her physical address is Condominio Vista Verde G 223, San Juan, Puerto Rico. 

2. The Defendant, the Puerto Rico Industrial Commission, is located at 310 Calle 3 SE, Urb. 

La Rivera, Barrio Monacillos, Rio Piedras, Puerto Rico. Its mailing address is P.O. Box 

364466, San Juan, Puerto Rico, 00936-4466. The Defendant is to be served through its 

President, Diana B. Cordero Díaz. The Secretary of Justice, the Hon. Wanda Vázquez, is 

included as a Defendant party, in accordance with Rule 4.4 (g) of Civil Procedure, since the 

Defendant is a public agency, and because included among the Defendants are employees 

in their official capacity, and this party’s mailing address is P.O. Box 9020192, San Juan, 

Puerto Rico, and physical address is Calle Olimpo, Esq. Axtmayer, Parada 11, Miramar, 

San Juan, Puerto Rico. 

[handwritten:] A

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3. The mailing and physical address of Defendant Grace S. Lozada Crespo, who is a defendant 

both in her professional and personal capacity, is Urb. Bucaré, Calle Onix #4, Guaynabo, 

Puerto Rico 00969. 

4. The mailing address of Defendant Johanna Agosto Nieves, who is a defendant both in her 

professional and personal capacity, is PO Box 231, San Lorenzo, Puerto Rico 00754. Her 

known physical address is 310 Calle 3 SE, Urb. La Riviera, Barrio Monacillos, Rio Piedras, 

Puerto Rico. 

5. The mailing address of Defendant Iris M. Cabeza Pérez, who is a defendant both in her 

professional and personal capacity, is RR-2 Box 4575, Toa Alta, Puerto Rico 00953. Her 

known physical address is 310 Calle 3 SE, Urb. La Riviera, Barrio Monacillos, Rio Piedras, 

Puerto Rico.

6. The mailing and physical address of Defendant Nicholle M. Torres Torres, who is a 

defendant both in her professional and personal capacity, is Urbanización Sabanera, 

Camino Los Juncos #147, Dorado, Puerto Rico 00646. 

INTRODUCTION

7. On May 16, 2017, the Plaintiff filed a Complaint with the Anti-Discrimination Unit of the 

Department of Labor and Human Resources, which was later amended on February 26, 

2018. The Anti-Discrimination Unit issued an authorization to litigate on April 6, 2016, and 

the “notice of right to sue” was issued by the District Office of Miami on April 5, 2018.

Exhibits 1 and 2. The Plaintiff filed a complaint with the Anti-Discrimination Unit on the 

grounds of political discrimination, discrimination based on health/impediments/ 

reasonable accommodation, and retaliation.

8. The actions carried out by the Defendants against the Plaintiff have been arbitrary, unfair, 

discriminatory, constituting acts of prejudice and humiliation, which have affected the 

terms, conditions and privileges of Plaintiff’s employment, in violation of her 

constitutionally protected rights. 

DESCRIPTION OF MATERIAL FACTS

9. The Plaintiff began working for the Defendant, the Puerto Rico Industrial Commission, on 

approximately October 15, 2003, as an Office Typist I

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in the Medical Advisory Office. In 2004, as a result of the Classification Plan, her 

classification changed to Human Resources Assistant. The job functions of the Human 

Resources Assistant consist of: transcribing letters, memoranda and reports; keeping track 

of the correspondence sent and received, through correspondence processing forms and 

sent mail logs; various office, administrative and support activities for the Human 

Resources and Labor Relations Office; performing “mail merges” and sending out 

notices/invitations to other government agencies; collaborating with the sending of 

notices to the hearing officers of the offices of Humacao, Mayagüez, Ponce and Arecibo; 

answering telephone calls and taking official messages for the Director and other office 

staff; working with the Coordinator of Retirement Affairs, as Assistant Coordinator of all 

proceedings involving the Retirement systems; making trips to the Retirement Office for 

matters related to Industrial Commission employees; preparing requisitions for office 

supplies as required; drafting correspondence and completing forms for the review and 

signature of the supervisor as required; working on job descriptions; following up for those 

jobs that involve proceedings with supervisors and employees, by filling out the task sheet; 

studying and analyzing employee files to confirm years of service; updating the years of 

service list for public sector employee week; providing information and guidance to

employees with respect to human resources activities, rules and procedures; preparing

and providing reports on work performed, statistics and special reports as required; 

staying current with information and knowledge related to her scope of work, and 

participating in skills trainings, seminars, conferences, and other training activities, when 

service needs so require. 

10. Plaintiff is an activist with the New Progressive Party, which is common knowledge at her 

workplace. During the administration of Governor Alejandro García Padilla, who was the 

candidate of the Popular Democratic Party, Plaintiff participated, along with other 

employees, in a collection 

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of signatures in support of Mr. Basilio Torres Rivera’s continuation as President of the 

Industrial Commission. Mr. Torres Rivera was appointed by the former administration of 

Governor Luis Fortuño Bursel, who was the New Progressive Party candidate. The actions 

taken by the Plaintiff included writing letters to or communicating with members of the 

Legislative Assembly (Ángel de la Rosa, José Anibal Torres, José “Conny” Varela, La Santa) 

in support of Mr. Torres Rivera to continue as President; she also requested support from 

the Commission’s litigating attorneys, including Grace S. Lozada, a Defendant in this case, 

who was subsequently appointed by Governor García Padilla as President of the Puerto 

Rico Industrial Commission, in 2015. 

11. On or about August 11, 2015, the Director of Human Resources, Iris M. García Sánchez, 

informed the Plaintiff that, at the direction of President Grace Lozada Crespo, she was 

being moved to the Leave Unit. In light of this situation, and since Plaintiff was not familiar 

with the leave unit or the “Kronos” System, in a meeting held between Plaintiff and 

President Lozada Crespo in September 2015, Plaintiff personally asked the President to 

assign her to another unit, which the latter did not accept. Plainitff was relieved of the 

duties of her position. 

12. In August 2016, the Defendant Iris M. Cabeza became the Supervisor of the Leave Unit, 

and the Plaintiff was the only employee under her supervision. 

13. On September 29, 2016, the Plaintiff reported to the State Insurance Fund, of which the 

Defendant Iris M. Cabeza was informed, and the Employer Report was filled out. When 

Plaintiff reported to work on October 11, 2016, she met with the Defendant Grace Lozada 

Crespo to inform her that she had reported to the State Insurance Fund, that she had given 

her supervisor Iris. M. Cabeza Pérez the Employer Report and informed her that she was 

going to report to the State Insurance Fund, since 

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Defendant Grace Lozada Crespo was unaware that she had reported to the State 

Insurance Fund. 

14. On October 14, 2016, the Plaintiff began to feel sick and at approximately 2:30 p.m. and

filled out the Sick Leave Permission Form and submitted it to her supervisor, Defendant 

Iris. M. Cabeza Pérez, who refused to sign it. On October 17, 2016, Plaintiff’s supervisor, 

Defendant Iris. M. Cabeza Pérez, sent a memo to the Plaintiff via email regarding the 

Puerto Rico Industrial Commission’s Rules and Regulations on leave, breaks, lateness, 

cellphone use, and breakfast before 8:00 a.m.

15. On December 7, 2016, at approximately 8:48 a.m., Defendant Iris. M. Cabeza Pérez, began 

to yell at the Plaintiff in a loud voice, in front of all of the other office workers, in a 

humiliating and arrogant manner, that she was the supervisor of the Leave Unit, 

appointed by Ms. Lozada Crespo to the post, that the Plaintiff had to do what she said,

and that the Plaintiff’s job was “data entry’. 

16. In February 2017, the Human Resources Director, Johanna M. Agosto, went on maternity 

leave, and the special assistant to the President, Defendant Nicholle M. Torres González, 

was named the Interim Director of Human Resources. 

17. On March 7, 2017, the State Insurance Fund Corporation, based on a medical 

recommendation made by Dr. Jesús H. Sánchez, sent notice to the Puerto Rico Industrial 

Commission, a Defendant in this case, through its President, Defendant Grace Lozada 

Crespo, of a request for reasonable accommodation for the benefit of the Plaintiff, so that 

she could perform her job. The reasonable accommodation consisted of: an adjustableheight chair with ergonomic design, a backrest and armrests; a wireless headset, to 

prevent her from having to bend or turn her neck, while also allowing her to perform other 

tasks simultaneously; an inclined surface to avoid having to bend the neck for prolonged 

periods, which could exacerbate her condition; a foot rest, to help ensure the proper body 

posture; and to consider, if possible, as another option and depending on the needs of the 

agency, to reassign her to another

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service unit where she could be supported by other staff. This reasonable accommodation 

has not been provided. 

18. On March 28, 2017, in a three-page memo, the Defendant Grace Lozada Crespo 

reprimanded the Plaintiff in writing. In response, the Plaintiff made several requests to 

meet with Defendant Lozada Crespo, through her secretary, Jessica Serrano, a meeting 

which never took place. An administrative hearing regarding this reprimand was held on 

May 11, 2017, after which the reprimand was upheld. 

19. Plaintiff was followed by the Defendant Nichole Torres González, whenever she left the 

office area, even to the stalls of the ladies’ bathroom, which occurred on April 21 and 25, 

2017; May 16, 2017, June 14, 2017, June 29, 2017, and June 30, 2017. She was also 

followed by the Defendant Iris M. Cabeza, who followed her to the bathroom on June 29, 

2017. 

20. On April 27, 2017, Defendant Iris M. Cabeza Pérez verbally warned the Plaintiff that the 

Interim Director of Human Resources, Defendant Nicholle Torres González, had an agenda 

against the Plaintiff, that she had it in for her because of her political beliefs and that she 

wanted to fire her, and that she was always reviewing the Plaintiff’s leave balances. 

21. On May 4, 2017, under instructions from her supervisor, Defendant Iris Cabeza Pérez, 

eliminated the Plaintiff’s access to the functionality of the Kronos system cards.

22. From May 19 to 23, 2017, the cubicles of the Plaintiff’s work area were removed, thus 

depriving her of any privacy in her workspace. As a result of this situation, she was 

subjected to the mockery and ridicule of her co-workers, who made comments like: “now 

this has really been exposed,” “this is really awful,” “you’re the one they have their eyes 

on.” 

23. The Plaintiff’s desk was placed in front of the office of the Interim Director of Human 

Resources, Defendant Nicholle Torres González, who was continuously watching the 

Plaintiff, and followed her even into the bathroom. 

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24. Beginning in May 2017, the Defendants Nicholle Torres González and Iris M. Cabeza Pérez

would inspect the documents and files that were on the Plaintiff’s desk, and in the printing 

area. 

25. On June 12, 2017, Defendant Iris M. Cabeza asked the Plaintiff if she had gone to vote in 

the plebiscite for the statehood of Puerto Rico, to which the Plaintiff responded in the 

affirmative, to which the Defendant retorted, “We’ll see if they pay any attention to the 

PNPs in the United States.” [PNP=Spanish initials for New Progressive Party] 

26. On June 12, 2017, Plaintiff received a phone call from Defendant Grace Lozada Crespo, 

who stated: “This is the President and you don’t know me,” to which the Plaintiff 

responded that she did in fact know who she was, and [asked] how she could help her, and 

she proceeded to help her with some matters involving Mr. Miguel Díaz. 

27. Beginning in June 2017, as the Plaintiff was assigned work by the Defendant Iris M. 

Cabeza, she was assigned work, and even though she wasn’t finished, she was assigned 

more; the performance of the work being monitored through emails. 

28. The Plaintiff has had to file three cases with the Labor Relations Board to claim her rights 

in relation to request for differential pay, stripping of duties and arbitrary disciplinary 

measures, Cases CA 2016-34, CA 2016-32, CA 2016-32-E-01. In addition, with the AntiDiscrimination Unit of the Labor Department. 

FIRST CAUSE OF ACTION

29. The paragraphs contained in the previous section, Material Facts, are included in this First 

Cause of Action. 

30. Article II, Section 1 of the Constitution of the Commonwealth of Puerto Rico, states that: 

“The dignity of the human being is inviolable. All men are equal before the law. No 

discrimination shall be made on account of race, color, sex, birth, social origin or condition, 

or political or religious ideas.”

The Law on Litigation Against the State, Act No. 104 of June 29, 1955, allows for lawsuits 

to be brought against public officials and ex-officials on the grounds of civil rights 

violations. 32 L.P.R.A. Sect. 3085. 

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31. Act 100 of June 30, 1959, as amended, 29 L.P.R.A. Sect. 146 et. seq., acknowledges nondiscrimination in the workplace as a public policy. Article 1, 29 L.P.R.A. Sect. 146, 

establishes that: 

“Any employer who fires, suspends or discriminates against one of their employees in 

relation to their pay rate, salary, wage or compensation, terms and categories, working 

conditions or privileges, or does not hire or refuses to hire or rehire a person, or limits or 

classifies their employees in any manner which tends to deprive a person of employment 

opportunities, or to affect his status as employee, on the basis of age, as defined hereafter, 

race, color, sex, social or national origin or social position, political or religious beliefs, or 

because they are victims or perceived of as a victim of domestic violence, sexual assault 

or harassment, [because they are in the military, former military, serve or have served in 

the Armed Forces of the United States or if they have veteran status] of the employee or 

applicant for employment:

(a) Shall incur civil liability; 

(1) For a sum equal to twice the amount of damages sustained by the employee or 

applicant for employment on account of such act.”

32. The Defendant employer here, through its directors, officials, employees, agents and/or 

representatives, carried out arbitrary actions, humiliations and taunts, subjecting the 

Plaintiff to a pattern of discrimination and imposing onerous and discriminatory working 

conditions on the basis of political affiliation, stripping the Plaintiff of her duties despite 

having performed her work to the fullest and exceeding the expectations of her position, 

and humiliating her in front of the entire staff. 

33. The Defendant Puerto Rico Industrial Commission did not fulfill its duty of oversight of its 

employees, since it do not take any measures to prevent the occurrence of arbitrary 

actions, humiliations and taunts, a pattern of discrimination, the imposition of onerous 

and discriminatory working conditions on the basis of political affiliation, and disability 

discrimination within the workplace; nor did it take any steps to prevent retaliation 

against the Plaintiff because she tried to claim her rights via administrative channels. 

34. The Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, 

Nicholle M. Torres Torres, who are being named in the lawsuit in their official and personal 

capacities, committed arbitrary and discriminatory actions, and retaliated against the 

Plaintiff, for which they are liable to the Plaintiff.

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35. Due to these actions and omissions on the part of the Defendants in violation of the abovecited legislation, in accordance with the aforementioned legislation and Articles 1802 and 

1803 of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 5143, for the damages 

and losses, mental anguish and suffering that the Defendants have caused the Plaintiff, 

we are seeking compensation in the amount of fifty thousand dollars ($50,000.00), and 

requesting that the Defendants be ordered to pay double the amount of damages, plus 

court costs and attorneys’ fees. 

SECOND CAUSE OF ACTION

36. The Description of Material Facts section is hereby incorporated as part of this second 

cause of action. 

37. In 1991, the Legislative Assembly passed a law to provide employees with protection 

against retaliation in the workplace. Article 2 of Act No. 115 of December 20, 1991, 29 

L.P.R.A. 194 et seq., prohibits any reprisals against employees for testifying. 

No employer may dismiss, threaten, or discriminate against an employee in relation to 

their employment terms and conditions, compensation, location, benefits, or privileges 

because the employee provides, or intends to provide, any verbal or written testimony, 

statement or information to a legislative, administrative or judicial forum in Puerto Rico, 

when said statements are not defamatory in nature and do not constitute disclosure of 

privileged information under the law. (emphasis added)

38. The Plaintiff has filed cases with the Labor Relations Board, and the Anti-Discrimination 

Unit of the Department of Labor, in which she has presented documents setting forth her 

position in response to the actions of the Defendants and requesting a remedy against 

them; as a result, the Defendants have retaliated against the Plaintiff. After filing the 

complaint with the Anti-Discrimination Unit, these retaliatory actions intensified and/or 

were exacerbated, as narrated in the “Description of Material Facts” section. 

39. The Puerto Rico Industrial Commission, a Defendant in this case, did not fulfill its duty of 

supervision of its employees, since it did not take any measures to prevent arbitrary 

reprisals from being taken against the Plaintiff in the workplace, as a result of attempting 

to assert her rights in administrative forums. 

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40. Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, Nicholle 

M. Torres Torres, all named in the lawsuit in their official and personal capacities, 

committed arbitrary and discriminatory actions, and retaliated against the Plaintiff, for 

which they are liable to the Plaintiff. 

41. For the damages caused to the Plaintiff, based on the aforementioned labor legislation 

and Articles 1802 and 1803 of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 

5143, we are seeking the amount of fifty thousand dollars ($50,000.00) as compensation 

for retaliation, and are asking that the Defendants be ordered to pay double the amount 

of damages, plus court costs and attorneys’ fees.

THIRD CAUSE OF ACTION

42. The Equal Employment Opportunities for Persons with Disabilities Act, Act No. 44 of July 

2, 1985, 1 L.P.R.A. Sect. 505, as amended, establishes the following in Article 5: 

“No public or private institutions shall implement, put into effect or use 

discriminatory employment procedures, methods or practices against person with 

some type of physical, mental or sensory impediment, solely on the basis of that 

impediment. This prohibition covers recruitment, compensation, benefits, 

reasonable accommodations and accessible facilities, seniority, participation in 

training programs, promotions and any other term, condition, or privilege of 

employment. 

43. The Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities 

Act of 2008, prohibits discrimination in employment, and sets forth provisions for

reasonable accommodations. 42 U.S. Code Chapter 126, sections 12101, et seq. 

44. Despite the fact that the Plaintiff had asked for a reasonable accommodation, with 

medical justification, no accommodations were provided. The Defendant Puerto Rico 

Industrial Commission, through its employees and/or representatives named here in their 

official and personal capacities, did not fulfill the Plaintiff’s request for a reasonable 

accommodation. 

45. The Defendant Puerto Rico Industrial Commission did not fulfill its duty of supervision of 

its employees, as it did not take any measures to prevent the carrying out of arbitrary 

actions, 

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humiliations and taunts, a pattern of discrimination, the imposition of onerous working 

conditions, and disability discrimination in the workplace. 

46. The Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, 

Nicholle M. Torres Torres, all named in their official and personal capacities, committed

arbitrary and discriminatory actions, for which they are liable to the Plaintiff. 

47. For these arbitrary actions, and the damages caused pursuant to Articles 1802 and 1803 

of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 5143, and the 

aforementioned labor laws, the Plaintiff is seeking compensation in the amount of fifty 

thousand dollars ($50,000.00) and is asking that the Defendants be ordered to pay double 

the amount of damages, plus court costs and attorneys’ fees.

RELIEF SOUGHT

Wherefore, we are very respectfully asking this Honorable Court to GRANT this complaint,

and to find the Defendants liable and order compensation be provided to the Plaintiff in the 

amounts requested herein, and to impose a penalty of double the damages, as well as court costs, 

expenses and attorneys’ fees. In Trujillo Alto, Puerto Rico, on June 15, 2018. 

signed/ ARLENE DE LOURDES SANTANA CRUZ

ATTORNEY FOR THE PLAINTIFF

BAR ASSOCIATION NO. 10089

PO BOX 391

GURABO, PR 00778-0391

Tel. 787-547-0145

arcangelina2015@gmail.com

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GOVERNMENT OF PUERTO 

RICO

Department of Labor and 

Human Resources

Hon. Carlos J. Saavedra Gutiérrez

Secretary 

February 26, 2018

Ms. Nydia E. Febo Vázquez

P.O. Box 31080

San Juan, P.R. 00929 

RE: uadau17-223c/16H-2017-00-379c 

Nydia E. Febo Vázquez vs. Puerto Rico Industrial Commission

We are writing to you regarding the dismissal of the complaints with the Anti-Discrimination Unit and the Equal 

Employment Opportunity Commission, and the request for authorization to litigate submitted on February 8, 2018; it is 

authorized and the request granted. The case with the Anti-Discrimination Unit is being closed, and the Equal Employment 

Opportunity Commission will be notified. 

We would appreciate if you would inform us about the status or result of the litigation. 

The administrative closure is effective upon receipt of this letter. 

Cordially, 

ANTI-DISCRIMINATION UNIT

___[signature]______

Myriam L. Costa Malaret

Director

Cc: Puerto Rico Industrial Commission (R)

Grace Lozada, President (co-defendant)

Nicole M. Torres, Interim H.R. Director (co-defendant)

Iris M. Cabeza, Supervisor (co-defendant)

Johanna M. Agosto, H.R. Director (co-defendant)

P.O. Box 364466

San Juan, P.R. 00936-4466

Lourdes E. Rosado (R)

P.O. Box 364466

San Juan, P.R. 00936-4466

Arlene de L. Santana (CP)

P.O. Box 391

Gurabo, P.R. 00778-0391

/mmr 

ANTI-DISCRIMINATION UNIT

431 Ave. Ponce de León, 11th Floor, National Plaza Building, Hato Rey, P.R. 00917 PO Box 195540, San Juan, P.R. 00919-5540

Tel. 787.625.3137 ext. 3259 / Fax 787.763.3000 – www.trabajo.pr.gov

[handwritten:] B

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GOVERNMENT OF PUERTO 

RICO

Department of Labor and Human 

Resources

Hon. Carlos J. Saavedra Gutiérrez

Secretary

February 26, 2018

Ms. Nydia E. Febo Vázquez

P.O. Box 31080

San Juan, P.R. 00929

RE: uadau17-223c/16H-2017-00-379c

Nydia E. Febo Vázquez vs. Puerto Rico Industrial Commission

Dear Sir/Madam: 

We are writing to you regarding the dismissal of the complaints with the Anti-Discrimination Unit and the Equal 

Employment Opportunity Commission, and the request for authorization to litigate submitted on February 8, 2018; it is 

authorized and the request granted. The case with the Anti-Discrimination Unit is being closed, and the Equal Employment 

Opportunity Commission will be notified. 

We would appreciate if you would inform us about the status or result of the litigation. 

The administrative closure is effective upon receipt of this letter. 

Cordially, 

ANTI-DISCRIMINATION UNIT

___[signature]______

Myriam L. Costa Malaret

Director

Cc: Puerto Rico Industrial Commission (R)

Grace Lozada, President (co-defendant)

Nicole M. Torres, Interim H.R. Director (co-defendant)

Iris M. Cabeza, Supervisor (co-defendant)

Johanna M. Agosto, H.R. Director (co-defendant)

P.O. Box 364466

San Juan, P.R. 00936-4466

Lourdes E. Rosado (R)

P.O. Box 364466

San Juan, P.R. 00936-4466

Arlene de L. Santana (CP)

P.O. Box 391

Gurabo, P.R. 00778-0391

/mmr

ANTI-DISCRIMINATION UNIT

431 Ave. Ponce de León, 11th Floor, National Plaza Building, Hato Rey, P.R. 00917 PO Box 195540, San Juan, P.R. 00919-5540

Tel. 787.625.3137 ext. 3259 / Fax 787.763.3000 – www.trabajo.pr.gov

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[handwritten:] C

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COMMONWEALTH OF PUERTO RICO

TRIAL COURT

SUPERIOR COURT OF SAN JUAN

NYDIA FEBO VAZQUEZ

Plaintiff,

V. 

PUERTO RICO INDUSTRIAL COMMISSION through its 

President Diana B. Cordero Díaz; SECRETARY OF JUSTICE 

Hon. Wanda Vázquez; GRACE LOZADA CRESPO, in her 

official and personal capacity; JOHANNA AGOSTO NIEVES, 

in her official and personal capacity; IRIS. M. CABEZA 

PÉREZ, in her official and personal capacity; NICHOLLE M. 

TORRES GONZÁLEZ, in her official and personal capacity. 

Defendants.

CIVIL CASE NO. SJ2018CV04361

IN RE: DISCRIMINATION BASED ON 

POLITICAL IDEAS; DISCRIMINATION DUE TO 

IMPEDIMENT; REASONABLE 

ACCOMMODATIONS; CIVIL RIGHTS 

VIOLATIONS; RETALIATION

FIRST AMENDED COMPLAINT

TO THE HONORABLE COURT: 

The PLAINTIFF, through her undersigned legal counsel, appears before this Honorable Court and 

very respectfully DECLARES, ALLEGES AND REQUESTS: 

PARTIES

1. The Plaintiff is of legal age, and her mailing address is P.O. Box 31080, San Juan, Puerto 

Rico, 00929; her physical address is Condominio Vista Verde G 223, San Juan, Puerto Rico. 

2. The Defendant, the Puerto Rico Industrial Commission, is located at 310 Calle 3 SE, Urb. 

La Rivera, Barrio Monacillos, Rio Piedras, Puerto Rico. Its mailing address is P.O. Box

364466, San Juan, Puerto Rico, 00936-4466. The Defendant is to be served through its 

President, Diana B. Cordero Díaz. The Secretary of Justice, the Hon. Wanda Vázquez, is 

included as a Defendant party, in accordance with Rule 4.4 (g) of Civil Procedure, since the 

Defendant is a public agency, and because included among the Defendants are employees 

in their official capacity, and this party’s mailing address is P.O. Box 9020192, San Juan, 

Puerto Rico, and physical address is Calle Olimpo, Esq. Axtmayer, Parada 11, Miramar, 

San Juan, Puerto Rico. 

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3. The mailing and physical address of Defendant Grace S. Lozada Crespo, who is a defendant 

both in her professional and personal capacity, is Urb. Bucaré, Calle Onix #4, Guaynabo, 

Puerto Rico 00969. 

4. The mailing address of Defendant Johanna Agosto Nieves, who is a defendant both in her 

professional and personal capacity, is PO Box 231, San Lorenzo, Puerto Rico 00754. Her 

known physical address is 310 Calle 3 SE, Urb. La Riviera, Barrio Monacillos, Rio Piedras, 

Puerto Rico. 

5. The mailing address of Defendant Iris M. Cabeza Pérez, who is a defendant both in her 

professional and personal capacity, is RR-2 Box 4575, Toa Alta, Puerto Rico 00953. Her 

known physical address is 310 Calle 3 SE, Urb. La Riviera, Barrio Monacillos, Rio Piedras, 

Puerto Rico.

6. The mailing and physical address of Defendant Nicholle M. Torres González, who is a 

defendant both in her professional and personal capacity, is Urbanización Sabanera, 

Camino Los Juncos #147, Dorado, Puerto Rico 00646. 

INTRODUCTION

7. On May 16, 2017, the Plaintiff filed a Complaint with the Anti-Discrimination Unit of the 

Department of Labor and Human Resources, which was later amended on February 26, 

2018. The Anti-Discrimination Unit issued an authorization to litigate on April 6, 2016, and 

the “notice of right to sue” was issued by the District Office of Miami on April 5, 2018.

Exhibits 1 and 2. The Clamant filed a complaint with the Anti-Discrimination Unit on the 

grounds of political discrimination, discrimination based on health/impediments/ 

reasonable accommodation, and retaliation.

8. The actions carried out by the Defendants against the Plaintiff have been arbitrary, unfair, 

discriminatory, constituting acts of prejudice and humiliation, which have affected the 

terms, conditions, and privileges of Plaintiff’s employment, in violation of her 

constitutionally protected rights. 

DESCRIPTION OF MATERIAL FACTS

9. The Plaintiff began working for the defendant, the Puerto Rico Industrial Commission, on 

approximately October 15, 2003, as an Office Typist I

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in the Medical Advisory Office. In 2004, as a result of the Classification Plan, her 

classification changed to Human Resources Assistant. The job functions of the Human 

Resources Assistant consist of: transcribing letters, memoranda and reports; keeping track 

of the correspondence sent and received, through correspondence processing forms and 

sent mail logs; various office, administrative and support activities for the Human 

Resources and Labor Relations Office; performing “mail merges” and sending out 

notices/invitations to other government agencies; collaborating with the sending of 

notices to the hearing officers of the offices of Humacao, Mayagüez, Ponce and Arecibo; 

answering telephone calls and taking official messages for the Director and other office

staff; working with the Coordinator of Retirement Affairs, as Assistant Coordinator of all 

proceedings involving the Retirement systems; making trips to the Retirement Office for 

matters related to Industrial Commission employees; preparing requisitions for office 

supplies as required; drafting correspondence and completing forms for the review and 

signature of the supervisor as required; working on job descriptions; following up for those 

jobs that involve proceedings with supervisors and employees, by filling out the task sheet; 

studying and analyzing employee files to confirm years of service; updating the years of 

service list for public sector employee week; providing information and guidance to 

employees with respect to human resources activities, rules and procedures; preparing 

and providing reports on work performed, statistics and special reports as required; 

staying current with information and knowledge related to her scope of work, and 

participating in skills trainings, seminars, conferences, and other training activities, when 

service needs so require. 

10. Plaintiff is an activist with the New Progressive Party, which is common knowledge at her 

workplace. During the administration of Governor Alejandro García Padilla, who was the 

candidate of the Popular Democratic Party, Plaintiff participated, along with other 

employees, in a collection

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of signatures in support of Mr. Basilio Torres Rivera’s continuation as President of the 

Industrial Commission. Mr. Torres Rivera was appointed by the former administration of 

Governor Luis Fortuño Bursel, who was the New Progressive Party candidate. The actions 

taken by the Plaintiff included writing letters to or communicating with members of the 

Legislative Assembly (Ángel de la Rosa, José Anibal Torres, José “Conny” Varela, La Santa) 

in support of Mr. Torres Rivera to continue as President; she also requested support from 

the Commission’s litigating attorneys, including Grace S. Lozada, a Defendant in this case, 

who was subsequently appointed by Governor García Padilla as President of the Puerto 

Rico Industrial Commission, in 2015. 

11. On or about August 11, 2015, the Director of Human Resources, Iris M. García Sánchez, 

informed the Plaintiff that, at the direction of President Grace Lozada Crespo, she was 

being moved to the Leave Unit. In light of this situation, and since Plaintiff was not familiar 

with the leave unit or the “Kronos” System, in a meeting held between Plaintiff and 

President Lozada Crespo in September 2015, Plaintiff personally asked the President to 

assign her to another unit, which the latter did not accept. Plaintiff was relieved of the 

duties of her position. 

12. In August 2016, the Defendant Iris M. Cabeza became the Supervisor of the Leave Unit, 

and the Plaintiff was the only employee under her supervision. 

13. On September 29, 2016, the Plaintiff reported to the State Insurance Fund, of which the 

Defendant Iris M. Cabeza was informed, and the Employer Report was filled out. When 

Plaintiff reported to work on October 11, 2016, she met with the Defendant Grace Lozada 

Crespo to inform her that she had reported to the State Insurance Fund, that she had given 

her supervisor Iris. M. Cabeza Pérez the Employer Report and informed her that she was 

going to report to the State Insurance Fund, since 

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Defendant Grace Lozada Crespo was unaware that she had reported to the State 

Insurance Fund. 

14. On October 14, 2016, the Plaintiff began to feel sick and at approximately 2:30 p.m. and 

filled out the Sick Leave Permission Form and submitted it to her supervisor, Defendant 

Iris. M. Cabeza Pérez, who refused to sign it. On October 17, 2016, Plaintiff’s supervisor, 

Defendant Iris. M. Cabeza Pérez, sent a memo to the Plaintiff via email regarding the 

Puerto Rico Industrial Commission’s Rules and Regulations on leave, breaks, lateness, 

cellphone use, and breakfast before 8:00 a.m.

15. On December 7, 2016, at approximately 8:48 a.m., Defendant Iris. M. Cabeza Pérez, began 

to yell at the Plaintiff in a loud voice, in front of all of the other office workers, in a 

humiliating and arrogant manner, that she was the supervisor of the Leave Unit, 

appointed by Ms. Lozada Crespo to the post, that the Plaintiff had to do what she said, 

and that the Plaintiff’s job was “data entry’. 

16. In February 2017, the Human Resources Director, Johanna M. Agosto, went on maternity 

leave, and the special assistant to the President, Defendant Nicholle M. Torres González, 

was named the Interim Director of Human Resources. 

17. On March 7, 2017, the State Insurance Fund Corporation, based on a medical 

recommendation made by Dr. Jesús H. Sánchez, sent notice to the Puerto Rico Industrial 

Commission, a Defendant in this case, through its President, Defendant Grace Lozada 

Crespo, of a request for reasonable accommodation for the benefit of the Plaintiff, so that 

she could perform her job. The reasonable accommodation consisted of: an adjustableheight chair with ergonomic design, a backrest and armrests; a wireless headset, to 

prevent her from having to bend or turn her neck, while also allowing her to perform other 

tasks simultaneously; an inclined surface to avoid having to bend the neck for prolonged 

periods, which could exacerbate her condition; a foot rest, to help ensure the proper body 

posture; and to consider, if possible, as another option and depending on the needs of the 

agency, to reassign her to another 

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service unit where she could be supported by other staff. This reasonable accommodation 

has not been provided. 

18. On March 28, 2017, in a three-page memo, the Defendant Grace Lozada Crespo 

reprimanded the Plaintiff in writing. In response, the Plaintiff made several requests to 

meet with Defendant Lozada Crespo, through her secretary, Jessica Serrano, a meeting 

which never took place. An administrative hearing regarding this reprimand was held on 

May 11, 2017, after which the reprimand was upheld. 

19. Plaintiff was followed by the Defendant Nichole Torres González, whenever she left the 

office area, even to the stalls of the ladies’ bathroom, which occurred on April 21 and 25, 

2017; May 16, 2017, June 14, 2017, June 29, 2017, and June 30, 2017. She was also 

followed by the Defendant Iris M. Cabeza, who followed her to the bathroom on June 29, 

2017. 

20. On April 27, 2017, Defendant Iris M. Cabeza Pérez verbally warned the Plaintiff that the 

Interim Director of Human Resources, Defendant Nicholle Torres González, had an agenda 

against the Plaintiff, that she had it in for her because of her political beliefs and that she 

wanted to fire her, and that she was always reviewing the Plaintiff’s leave balances. 

21. On May 4, 2017, under instructions from her supervisor, Defendant Iris Cabeza Pérez, 

eliminated the Plaintiff’s access to the functionality of the Kronos system cards.

22. From May 19 to 23, 2017, the cubicles of the Plaintiff’s work area were removed, thus 

depriving her of any privacy in her workspace. As a result of this situation, she was 

subjected to the mockery and ridicule of her co-workers, who made comments like: “now 

this has really been exposed,” “this is really awful,” “you’re the one they have their eyes 

on.” 

23. The Plaintiff’s desk was placed in front of the office of the Interim Director of Human 

Resources, Defendant Nicholle Torres González, who was continuously watching the 

Plaintiff, and followed her even into the bathroom. 

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24. Beginning in May 2017, the Defendants Nicholle Torres González and Iris M. Cabeza Pérez 

would inspect the documents and files that were on the Plaintiff’s desk, and in the printing 

area. 

25. On June 12, 2017, Defendant Iris M. Cabeza asked the Plaintiff if she had gone to vote in 

the plebiscite for the statehood of Puerto Rico, to which the Plaintiff responded in the 

affirmative, to which the Defendant retorted, “We’ll see if they pay any attention to the 

PNPs in the United States.” [PNP=Spanish initials for New Progressive Party] 

26. On June 12, 2017, Plaintiff received a phone call from Defendant Grace Lozada Crespo, 

who stated: “This is the President and you don’t know me,” to which the Plaintiff 

responded that she did in fact know who she was, and [asked] how she could help her, and 

she proceeded to help her with some matters involving Mr. Miguel Díaz. 

27. Beginning in June 2017, as the Plaintiff was assigned work by the Defendant Iris M. 

Cabeza, she was assigned work, and even though she wasn’t finished, she was assigned 

more; the performance of the work being monitored through emails. 

28. The Plaintiff has had to file three cases with the Labor Relations Board to claim her rights 

in relation to request for differential pay, stripping of duties and arbitrary disciplinary 

measures, Cases CA 2016-34, CA 2016-32, CA 2016-32-E-01. In addition, with the AntiDiscrimination Unit of the Labor Department. 

FIRST CAUSE OF ACTION

29. The paragraphs contained in the previous section, Material Facts, are included in this First 

Cause of Action. 

30. Article II, Section 1 of the Constitution of the Commonwealth of Puerto Rico, states that: 

“The dignity of the human being is inviolable. All men are equal before the law. No 

discrimination shall be made on account of race, color, sex, birth, social origin or condition, 

or political or religious ideas.”

The Law on Litigation Against the State, Act No. 104 of June 29, 1955, allows for lawsuits 

to be brought against public officials and ex-officials on the grounds of civil rights 

violations. 32 L.P.R.A. Sect. 3085. 

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31. Act 100 of June 30, 1959, as amended, 29 L.P.R.A. Sect. 146 et. seq., acknowledges nondiscrimination in the workplace as a public policy. Article 1, 29 L.P.R.A. Sect. 146, 

establishes that: 

“Any employer who fires, suspends or discriminates against one of their employees in 

relation to their pay rate, salary, wage or compensation, terms and categories, working 

conditions or privileges, or does not hire or refuses to hire or rehire a person, or limits or 

classifies their employees in any manner which tends to deprive a person of employment 

opportunities, or to affect his status as employee, on the basis of age, as defined hereafter, 

race, color, sex, social or national origin or social position, political or religious beliefs, or 

because they are victims or perceived of as a victim of domestic violence, sexual assault 

or harassment, [because they are in the military, former military, serve or have served in 

the Armed Forces of the United States or if they have veteran status] of the employee or 

applicant for employment:

(a) Shall incur civil liability; 

(1) For a sum equal to twice the amount of damages sustained by the employee or 

applicant for employment on account of such act.”

32. The Defendant employer here, through its directors, officials, employees, agents and/or 

representatives, carried out arbitrary actions, humiliations and taunts, subjecting the 

Plaintiff to a pattern of discrimination and imposing onerous and discriminatory working 

conditions on the basis of political affiliation, stripping the Plaintiff of her duties despite 

having performed her work to the fullest and exceeding the expectations of her position, 

and humiliating her in front of the entire staff. 

33. The Defendant Puerto Rico Industrial Commission did not fulfill its duty of oversight of its 

employees, since it do not take any measures to prevent the occurrence of arbitrary 

actions, humiliations and taunts, a pattern of discrimination, the imposition of onerous 

and discriminatory working conditions on the basis of political affiliation, and disability 

discrimination within the workplace; nor did it take any steps to prevent retaliation 

against the Plaintiff because she tried to claim her rights via administrative channels. 

34. The Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, 

Nicholle M. Torres González, who are being named in the lawsuit in their official and 

personal capacities, committed arbitrary and discriminatory actions, and retaliated 

against the Plaintiff, for which they are liable to the Plaintiff.

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35. Due to these actions and omissions on the part of the Defendants in violation of the abovecited legislation, in accordance with the aforementioned legislation and Articles 1802 and 

1803 of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 5143, for the damages 

and losses, mental anguish and suffering that the Defendants have caused the Plaintiff, 

we are seeking compensation in the amount of fifty thousand dollars ($50,000.00), and 

requesting that the Defendants be ordered to pay double the amount of damages, plus 

court costs and attorneys’ fees. 

SECOND CAUSE OF ACTION

36. The Description of Material Facts section is hereby incorporated as part of this second 

cause of action. 

37. In 1991, the Legislative Assembly passed a law to provide employees with protection 

against retaliation in the workplace. Article 2 of Act No. 115 of December 20, 1991, 29 

L.P.R.A. 194 et seq., prohibits any reprisals against employees for testifying. 

No employer may dismiss, threaten, or discriminate against an employee in relation to 

their employment terms and conditions, compensation, location, benefits, or privileges 

because the employee provides, or intends to provide, any verbal or written testimony, 

statement or information to a legislative, administrative or judicial forum in Puerto Rico, 

when said statements are not defamatory in nature and do not constitute disclosure of 

privileged information under the law. (emphasis added)

38. The Plaintiff has filed cases with the Labor Relations Board, and the Anti-Discrimination 

Unit of the Department of Labor, in which she has presented documents setting forth her 

position in response to the actions of the Defendants and requesting a remedy against 

them; as a result, the Defendants have retaliated against the Plaintiff. After filing the 

complaint with the Anti-Discrimination Unit, these retaliatory actions intensified and/or 

were exacerbated, as narrated in the “Description of Material Facts” section. 

39. The Puerto Rico Industrial Commission, a Defendant in this case, did not fulfill its duty of 

supervision of its employees, since it did not take any measures to prevent arbitrary 

reprisals from being taken against the Plaintiff in the workplace, as a result of attempting 

to assert her rights in administrative forums. 

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40. Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, Nicholle

M. Torres González, all named in the lawsuit in their official and personal capacities, 

committed arbitrary and discriminatory actions, and retaliated against the Plaintiff, for 

which they are liable to the Plaintiff. 

41. For the damages caused to the Plaintiff, based on the aforementioned labor legislation 

and Articles 1802 and 1803 of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 

5143, we are seeking the amount of fifty thousand dollars ($50,000.00) as compensation 

for retaliation, and are asking that the Defendants be ordered to pay double the amount 

of damages, plus court costs and attorneys’ fees.

THIRD CAUSE OF ACTION

42. The Equal Employment Opportunities for Persons with Disabilities Act, Act No. 44 of July 

2, 1985, 1 L.P.R.A. Sect. 505, as amended, establishes the following in Article 5: 

“No public or private institutions shall implement, put into effect or use 

discriminatory employment procedures, methods or practices against person with 

some type of physical, mental or sensory impediment, solely on the basis of that 

impediment. This prohibition covers recruitment, compensation, benefits, 

reasonable accommodations and accessible facilities, seniority, participation in 

training programs, promotions and any other term, condition, or privilege of 

employment. 

43. The Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities 

Act of 2008, prohibits discrimination in employment, and sets forth provisions for 

reasonable accommodations. 42 U.S. Code Chapter 126, sections 12101, et seq. 

44. Despite the fact that the Plaintiff had asked for a reasonable accommodation, with 

medical justification, no accommodations were provided. The Defendant Puerto Rico 

Industrial Commission, through its employees and/or representatives named here in their 

official and personal capacities, did not fulfill the Plaintiff’s request for a reasonable 

accommodation. 

45. The Defendant Puerto Rico Industrial Commission did not fulfill its duty of supervision of 

its employees, as it did not take any measures to prevent the carrying out of arbitrary 

actions, 

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humiliations and taunts, a pattern of discrimination, the imposition of onerous working 

conditions, and disability discrimination in the workplace. 

46. The Defendants Grace S. Lozada Crespo, Johanna Agosto Nieves, Iris M. Cabeza Pérez, 

Nicholle M. Torres Gonzalez, all named in their official and personal capacities, committed 

arbitrary and discriminatory actions, for which they are liable to the Plaintiff. 

47. For these arbitrary actions, and the damages caused pursuant to Articles 1802 and 1803 

of the Civil Code of Puerto Rico, 31 L.P.R.A. sections 5142 and 5143, and the 

aforementioned labor laws, the Plaintiff is seeking compensation in the amount of fifty 

thousand dollars ($50,000.00) and is asking that the Defendants be ordered to pay double 

the amount of damages, plus court costs and attorneys’ fees.

RELIEF SOUGHT

Wherefore, we are very respectfully asking this Honorable Court to GRANT this complaint, 

and find the Defendants to be liable, and order compensation be paid to the Plaintiff in the 

amounts requested herein, and to impose a penalty of double the damages, as well as the court 

costs, expenses and attorneys’ fees. In Trujillo Alto, Puerto Rico, on June 27, 2018. 

signed/ ARLENE DE LOURDES SANTANA CRUZ

ATTORNEY FOR THE PLAINTIFF

RUA NO. 10089

PO BOX 391

GURABO, PR 00778-0391

Tel. 787-547-0145

arcangelina2015@gmail.com

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COMMONWEALTH OF PUERTO RICO

TRIAL COURT

JUDICIAL CENTER OF SAN JUAN

SUPERIOR COURT

NYDIA FEBO VAZQUEZ

Plaintiff,

v.

PUERTO RICO INDUSTRIAL COMMISSION, 

SECRETARY OF JUSTICE, GRACE LOZADA 

CRESPO, JOHANNA AGOSTO NIEVES, M. 

CABEZA PÉREZ; NICOLE M. TORRES 

TORRES

Defendants.

CASE NO.: SJ2018CV04361

COURTROOM: 801

RE:

VIOLATION OF CIVIL RIGHTS, 

REASONABLE ACCOMMODATION, 

RETALIATION, DISCRIMINATION 

NOTICE OF STAY OF PROCEEDINGS IN VIRTUE OF THE PRESENTATION OF THE 

PETITION FILED BY THE GOVERNMENT OF PUERTO RICO

UNDER TITLE III OF PROMESA

TO THE HONORABLE COURT: 

Appearing is the Department of Justice of the Commonwealth of Puerto Rico, in a special manner 

and without this act being understood as waiving any defense, including refusing to submit to the 

jurisdiction of the Court, should said defense apply, through the undersigned legal representation, and very 

respectfully presents and requests: 

1. The complaint in the above-captioned matter was filed on July 2, 2018, against the Government 

of Puerto Rico, its agencies or officials, for events that allegedly occurred before May 3, 2017. According 

to the Plaintiff’s complaint, Defendants demonstrated a pattern of persecution against her beginning in 

August 2015, which culminated in a warning issued on March 28, 2017, and an administrative hearing held 

on May 11, 2017. Thus, the Honorable Court will note that the claim in this case is based on a complaint 

regarding events that occurred before May 3, 2017, and therefore a stay is justified, as we shall see. 

2. On June 30, 2016, the federal law known as the “Puerto Rico Oversight, Management, and 

Economic Stability Act” (PROMESA) was passed, 48 U.S.C. §§ 2101 et seq. 

3. According to the provisions of PROMESA, on May 3, 2017, the Financial Oversight and 

Management Board for Puerto Rico filed a bankruptcy petition on behalf of the Government of Puerto Rico, 

with the United States District Court 

[handwritten:] E

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for the Puerto Rico district. See In re: Commonwealth of Puerto Rico, case no. 17-1578 (hereafter, the 

“Petition”). As of the date of this filing, the Petition is still pending before the United States District Court. 

4. The Petition was filed under Title III of PROMESA, Section 301(a) of which provides for the 

application, among others, of Sections 362 and 922 of Chapter 11 of the United States Code, known as the 

Bankruptcy Code of the United States. 

5. The fundamental purpose of any bankruptcy proceeding is to give the debtor the opportunity to 

reorganize their economic activity, while protecting the interests of the creditors. This is achieved by 

distributing the assets of the debtor-petitioner among their legitimate creditors, pursuant to the provisions 

of bankruptcy law. Allende v. Garcia, 150 D.P.R. 892, 898-899 (2000). 

6. Pursuant to sections 362 and 922 of the Bankruptcy Code, the filing of the Petition by the 

Government of Puerto Rico has the automatic, immediate, and direct effect of suspending all civil actions 

that any individual or organization has initiated, is attempting to continue or for which they are seeking 

enforcement of a judgment against the Government, while the bankruptcy proceedings are still pending 

before the Court. 11 U.S.C. §§ 362(a), 922 (a); 48 U.S.C. § 2161(a) (emphasis provided).1

7. In Marrero Rosado v. Marrero Rosado, 178 D.P.R. 476, 490 (2010), the Supreme Court of 

Puerto Rico found that “the automatic stay is one of the most basic protections that the United States 

legislature incorporated into the Bankruptcy Code who seek its protection.” The automatic stay prevents, 

“among other things, the start or continuation of any judicial, administrative or other type of process that 

was or may have been brought against the debtor, or to exercise any action in which the right to that action 

was created before the start of the bankruptcy.” Id., p. 491. See also 11 U.S.C.A. sec. 362; Soares v. 

Brockton Credit Union, 107 F.3d 969, 975 (1st Cir. 1997). 

8. It can also impede the enforcement of a previous judgment, or stop the creation, finalization or 

enforcement of a lien that predates the bankruptcy filing. Id. Its effects last from the filing of the bankruptcy 

petition until the final judgment is entered, and no formal notice is needed for it to take effect. Jamo v. 

Katahdin Fed. Credit

1 Note that the stay that is activated by the Petition is more comprehensive than the one that existed before May 1, 2017. The latter refers in 

general terms to financial debts, while the stay activated with the filing of the Petition applies to any litigation against the debtor that may have 

begun before the filing of the proceeding under PROMESA Title III. See Section 405 of PROMESA.

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PAGE 3 OF 4

Union, 283 F.3d 392, 398 (1st Cir. 2002). It also automatically deprives the state courts of jurisdiction and

is so wide-ranging that it stays litigation that has little or nothing to do with the financial situation of the 

debtor. 3 Collier on Bankruptcy sec. 362.03[3] (2009). 

9. For this stay to take effect, no prior notice is required to that person, since the filing of the 

bankruptcy petition is sufficient to produce the stay in question. Morales v. Clínica Femenina de P.R., 135 

D.P.R. 810, 820 n. 5 (1994) (Order). The judicial action that orders the stay is merely declaratory of the 

status established by federal law. 

10. Nevertheless, in deference to this forum and in consideration of the court dates and proceedings 

previously scheduled, we are filing this brief so that the Court may take judicial notice of the preceding 

considerations and proceed to stay all proceedings that are currently before it, in accordance with Sections 

362(a) and 922 (a) of the Bankruptcy Code, as incorporated by refence under Section 301(a) of PROMESA. 

48 USC § 2161(a). 

11. This notice of stay of proceedings should not be understood as the Government of Puerto Rico 

waiving any additional argument regarding the effect of the enactment of PROMESA in this case, nor any 

right or defense that arises out of Title III of PROMESA. Neither should it be deemed as a waiver of any 

allegation or defense that the Government could present in the case at hand once the stay has ended, or once 

any order is issued in the proceedings under Title III which affects the case. 

WHEREFORE, we very respectfully request this Honorable Court to take notice of the 

information provided herein. 

RESPECTFULLY SUBMITTED. 

In San Juan, Puerto Rico, on August 22, 2018. 

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PAGE 4 OF 4

I CERTIFY: That I have sent, via electronic mail, a true and exact copy of this brief to: Arlene 

De Lourdes Santana Cruz, Esq., arcangelina2015@gmail.com. 

WANDA VAZQUEZ GARCED

Secretary of Justice

WANDYMAR BURGOS VARGAS

Deputy Secretary of Litigation

CHRISTIAN CASTRO PLAZA

Director of Civil Legal Affairs

Labor Division

SANDRA BOSQUES RIVERA

RUA [Attorney Registry] No. 9967

Department of Justice 

General Litigation Division 

Sub-Division for Labor Affairs

PO Box 9020192

San Juan, Puerto Rico 00902-0192

Tel (787) 721-2900 Ext. 2244

Email: 

sabosques@justicia.pr.gov

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COMMONWEALTH OF PUERTO RICO

GENERAL COURT OF JUSTICE

TRIAL COURT

JUDICIAL CENTER OF San Juan

SUPERIOR COURT OF San Juan

NYDIA FEBO VAZQUEZ CASE NO.

SJ2018CV04361 (COURTROOM 801 

CIVIL DAMAGES)

VS

PUERTO RICO INDUSTRIAL COMMISSION, ET 

AL

IN RE: DISCRIMINATION ETC.

NOTICE

TO: ARLENE D SANTANA CRUZ

ARCANGELINA2015@GMAIL.COM

SANDRA BOSQUES RIVERA

PATIMAPR@YAHOO.COM

The undersigned Clerk hereby certifies and notifies you that in relation to the ABOVECAPTIONED MATTER, this Court entered a RULING on August 27, 2018.

A copy is enclosed herein or a link included: 

Press here to access the electronic document referred to in this notification. [15]

BE ADVISED that since you are a party or the legal representative of a party to the case 

subject to this RULING, you can file an appeal, petition for review or certiorari, in 

accordance with the procedures and within the time period established by the relevant law, 

rule or regulation. 

I CERTIFY that the decision issued by the Court was duly recorded and filed on this date, 

August 27, 2018, and that a copy of this notice was sent to the persons indicated above, to 

their addresses of record, pursuant to the applicable laws. On this same date, a copy of this 

notice was filed in the case records. 

In San Juan, Puerto Rico, on the 27th of August of 2018.

GRISELDA RODRIGUEZ COLLADO By: signed/LIANY DE JESUS SANCHEZ

Name of the Regional Clerk Name and Signature of the Deputy 

Court Clerk

OAT 1812 – Single Notice Form – Judgements, Rulings, Orders and Minutes

(November 2016) / SUMAC

[handwritten:] F

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IN THE GENERAL COURT OF JUSTICE

TRIAL COURT

SUPERIOR COURT OF SAN JUAN

NYDIA FEBO VAZQUEZ

PLAINTIFF,

V. 

PUERTO RICO INDUSTRIAL 

COMMISSION, ET AL.

DEFENDANTS.

CIVIL CASE NO.: SJ2018CV04361

COURTROOM: 801

IN RE: DISCRIMINATION DUE TO 

POLITICAL IDEAS, ETC. 

RULING

This Court is taking judicial notice of the fact that on May 3, 2017, a Petition for 

Bankruptcy was filed, under the PROMESA Act, by virtue of which all claims for damages 

against the Government of Puerto Rico (CW) are stayed, thus depriving this Court of its 

jurisdiction. 

In light of the above, it is Ruled that this case be closed, for administrative purposes 

only. At the timely request of a party, the case can be reopened, and the proceedings 

continued, if they deem it is appropriate.

RECORD AND SERVE NOTICE. 

In San Juan, Puerto Rico, on August 27, 2018.

signed/ OLGA GARCIA VINCENTY 

SUPERIOR COURT JUDGE

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COMMONWEALTH OF PUERTO RICO

TRIAL COURT

SAN JUAN SUPERIOR COURT

NYDIA FEBO VAZQUEZ

Plaintiff,

V.

PUERTO RICO INDUSTRIAL COMMISSION ET AL

Defendants 

CASE NO.: SJ2018CV04361

IN RE: DISCRIMINATION BASED ON POLITICAL 

IDEAS; DISCRIMINATION DUE TO IMPEDIMENT; 

REASONABLE ACCOMMODATIONS; CIVIL RIGHTS 

VIOLATIONS; RETALIATION

MOTION FOR RECONSIDERATION OF THE ORDER AND RULING

ISSUED ON AUGUST 27, 2018

TO THE HONORABLE COURT: 

The PLAINTIFF, through her undersigned legal counsel, appears before this Honorable Court

and very respectfully STATES, ALLEGES AND REQUESTS: 

INTRODUCTION

1. On June 15, 2018, the Plaintiff filed a Complaint against the defendants, the Puerto Rico 

Industrial Commission through its President, Diana B. Cordero and the Secretary of Justice, the Hon. 

Wanda Vázquez; against Grace Lozada Crespo, in her official and personal capacity; against Johanna 

Agosto Nieves, in her official and personal capacity; against Iris. M. Cabeza Pérez, in her official and 

personal capacity; and against Nicholle M. Torres Gonzalez, in her official and personal capacity.

2. Through the Complaint, the Plaintiff made claims against the defendants for discrimination 

due to political affiliation; violation of civil rights; retaliation; and for reasonable accommodation, 

as reasonable accommodation has not been granted despite medical recommendation. Various 

Damages were requested in the Complaint. The causes of action were presented in accordance with 

the Constitution of the Commonwealth of Puerto Rico; Act 100 of June 30, 1959, as amended, the 

Equal Employment Opportunities for People with Disabilities Act, Act No. 44 of July 2, 1985; and 

the Americans with 

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Disabilities Act (ADA), as amended by the Americans with Disabilities Act of 2008, 42 USC, Chapter 

126, §§12101, et seq. 

3. Prior to filing this case with the Judiciary, the Plaintiff initiated an administrative case with the 

Anti-Discrimination Unit of the Department of Labor on or about May 16, 2017. The AntiDiscrimination Unit of the Department of Labor issued the authorization to litigate on February 26, 

2018, and the U.S. Equal Employment Opportunity Commission, on April 5, 2018.

4. On June 27, 2018, a request was made to amend the Complaint to correct the name of the 

Defendant Nicholle M. Torres González, and to serve this defendant, which was authorized by the 

Honorable Court by way of order dated June 28, 2018. 

5. The defendants – Puerto Rico Industrial Commission, Grace Lozada Crespo, Johanna Agosto 

Nieves, Iris M. Cabeza Pérez, and the Secretary of Justice filed motions on August 24, 2018, entitled 

“Notice of Stay of Proceedings in Virtue of the Petition Filed by the Government of Puerto Rico 

under Title III of PROMESA.” Each defendant, respectively, requested an automatic stay of the 

judicial proceedings in light of the bankruptcy petition filed by the Commonwealth of Puerto Rico 

on or about May 3, 2017. 

6. As a result of the aforementioned motions, the Honorable Court UPHELD the stay, and issued 

a Ruling in accordance with this decision, taking judicial notice of the bankruptcy petition of the 

Commonwealth of Puerto Rico (hereafter C.P.R.) under the PROMESA Act, thus closing the case for 

administrative purposes. Both documents were issued and served on August 27, 2018. 

GROUNDS FOR REQUESTING RECONSIDERATION

7. The Plaintiff respectfully asks for reconsideration of the judicial decision or order to stay the 

proceedings, which GRANTED the Defendants’ petition, as entered and served on August 27, 2018. 

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8. The Plaintiff respectfully requests reconsideration of the Ruling issued and served on August 

27, 2018, through which the Court takes judicial notice of the bankruptcy petition of the 

Commonwealth of Puerto Rico under the PROMESA Act, thus closing the case for administrative 

purposes. 

ARGUMENTS

9. Based on the arguments set forth below, the Plaintiff contends that the stay is not warranted 

in this case, and therefore neither is the ruling that was issued. 

10. The “Puerto Rico Oversight, Management and Economic Stability Act”, Public Law 114-187 of 

June 30, 2016, known as “PROMESA”, in Title III, section 301 (a), 48 USC 2161, and section 362 of 

the Bankruptcy Code, Title 11 USC. These sections address the automatic stay following the filing 

of a bankruptcy petition. Section 362 sets forth that: 

“(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, 

or 303 of this title, or an application filed under section 5 (a) (3) of the Securities Investor Protection 

Act of 1970, operates as a stay, applicable to all entities, of—

(1) The commencement or continuation, including the issuance or employment of process, 

of a judicial, administrative, or other action or proceeding against the debtor that was or 

could have been commenced before the commencement of the case under this title, or 

to recover a claim against the debtor that arose before the commencement of the case 

under this title;”

As mentioned in paragraph three (3) of this brief, on May 16, 2017, the Plaintiff filed a 

complaint with the Department of Labor Anti-Discrimination Unit, after the filing of the 

Commonwealth bankruptcy case. It was not until February 26, 2018 that the Anti-Discrimination 

Unit of the Department of Labor granted the Plaintiff permission to litigate; while the U.S. Equal 

Opportunity Commission issued its Notice of Right to Sue on April 5, 2018. As indicated in the first 

(1st) paragraph of this brief, the Plaintiff filed her case with the Court on June 15, 2018. All of this 

was after the filing of the bankruptcy petition of the C.P.R., which happened on May 3, 2017, 

considering that the beginning of that case is as established in Sec. 304, 

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Title III of PROMESA, 48 U.S.C. 2164, with the filing of the petition with the District Court by the 

Oversight Board. 

Furthermore, on August 30, 2017, a “Notice of Filing of Creditor List for the Commonwealth of 

Puerto Rico” was filed with the Bankruptcy Court for the Puerto Rico District, by Hermann D. Bauer, 

Docket Number 1215, in Case 17-03283. On February 23, 2018, Hermann D. Bauer, Esq. filed a 

“Notice of Amendments to Creditor List for the Commonwealth of Puerto Rico”, Docket No. 2582.

The Defendant does not appear in either of the lists of creditors included with both motions based 

on the causes of action in the above-captioned matter. Based on the foregoing, the Plaintiff

maintains that the stay requested by the Defendants is not admissible, and therefore the 

reconsideration requested herein is justified. 

11. Section 306, Title III of PROMESA, 48 USC 2166, sets forth the following regarding jurisdiction: 

“(a) Federal subject matter jurisdiction - The district courts shall have:

(1) except as provided in paragraph (2), original and exclusive jurisdiction of all cases under this 

subchapter; and

(2) except as provided in subsection (b), and notwithstanding any Act of Congress that confers 

exclusive jurisdiction on a court or courts other than the district courts, original but not exclusive 

jurisdiction of all civil proceedings arising under this title, or arising in or related to cases under this 

title.”

In light of the aforementioned law, and considering jurisdictional issues to evaluate whether 

or not a stay is appropriate in this case, the Supreme Court in Laboratorio Clínico Irizarry Guasch, 

appellant v. Department of Health and Hilda Serrano García individually and in representation of 

Hilda Serrano García Inc., v. Permit Administration Office, 198 D.P.R. 790, 790, 791-792 (2017), 

regarding certification, has held that: “On the other hand it is necessary to point out that both the 

federal and state courts have the initial authority to interpret the stay and its applicability to the 

cases before us. In Mid City Parking 332 BR 798, 803 (N.D. III 2005) (“Non-bankruptcy forums in 

both the state and federal systems have jurisdiction to at least initially determine whether pending 

litigation is stayed”) (2).” It therefore recognizes that the state judicial forum has jurisdiction to 

address matters related to the “automatic stay”, and to make decisions about whether it is 

applicable or not. 

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12. Section 304 paragraph (h) of Title III, 48 U.S.C. 2164, indicates that: “This Act may not be 

construed to permit the discharge of obligations arising under Federal police or regulatory laws, 

including laws relating to the environment, public health or safety, or territorial laws implementing 

such Federal legal provisions. This includes compliance obligations, requirements under consent 

decrees or judicial orders, and obligations to pay associated administrative, civil, or other 

penalties.”

In the above-captioned matter, there was a cause of action included under the provisions of 

the Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities Act of 

2008, 42 USC, Chapter 126, §§ 12101, et seq., due to failure to comply with a request for reasonable 

accommodation, which to this day has not been granted. This is a health-related issue that is 

regulated by the federal government. Therefore, the Plaintiff argues that the stay requested by the 

Defendant is inadmissible, as a result, among other things, of this exception provided for by the 

PROMESA law itself. 

13. In the above-captioned matter, the following individuals were named as defendants: Grace 

Lozada Crespo, in her official and personal capacity; against Johanna Agosto Nieves, in her official 

and personal capacity; against Iris. M. Cabeza Pérez, in her official and personal capacity; and 

against Nicholle M. Torres Gonzalez, in her official and personal capacity. These defendants, in their 

personal capacity, are not protected by the provisions of Public Law 114-187 of June 30, 2016, 

known as “PROMESA”, and they are liable to the Plaintiff out of their personal assets and not the 

assets of the Commonwealth of Puerto Rico. Therefore, we respectfully ask this Honorable Court 

to reconsider the Order and Ruling issued on August 27, 2018. 

Wherefore, the Plaintiff respectfully requests that this Honorable Court GRANT the request 

made herein, and reconsider its August 27, 2018 Order and Ruling, along with making any other 

pronouncement consistent with the law. 

I CERTIFY: That I have sent a copy of this petition to: MS. SANDRA BOSQUES RIVERA, at her email 

sabosques@justicia.pr.gov.

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Certified to be a correct and true translation from the source text in Spanish to the target language English.

22/DECEMBER/2021 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

COMMONWEALTH OF PUERTO RICO

GENERAL COURT OF JUSTICE

TRIAL COURT

JUDICIAL CENTER OF San Juan

SUPERIOR COURT OF San Juan

NYDIA FEBO VAZQUEZ CASE NO.

SJ2018CV04361 (COURTROOM 801 

CIVIL DAMAGES)

VS

PUERTO RICO INDUSTRIAL COMMISSION ET AL RE: DISCRIMINATION ETC.

NOTIC E

TO: ARLENE D SANTANA CRUZ

ARCANGELINA2015@GMAIL.COM

S S S

SANDRA BOSQUES RIVERA

PATIMAPR@YAHOO.COM

The undersigned Clerk hereby certifies and notifies you that in relation to the MOTION FOR 

RECONSIDERATION OF THE ORDER OF SEPTEMBER 4 2018 [18] this Court issued a DECISION on 

September 25, 2018.

The decision is transcribed below: 

THE PLAINTIFF’S REQUEST FOR RECONSIDERATION IS DENIED. [19]

signed/OLGA I. GARCÍA VINCENTY

YOU ARE ADVISED that since you are a party or the legal representative of a party to the case 

subject to this DECISION, you can file an appeal, petition for review or certiorari, in 

accordance with the procedures and within the time period established by the relevant law, 

rule or regulation. 

I CERTIFY that the decision issued by the Court was duly recorded and filed on this date, 

September 25, 2018, and that a copy of this notice was sent to the persons indicated above, to 

their addresses of record, pursuant to the applicable laws. On this same date, a copy of this 

notice was filed in the case records. 

In San Juan, Puerto Rico, on the 25th of September of 2018.

GRISELDA RODRIGUEZ COLLADO By: signed/LIANY DE JESUS SANCHEZ

Name of the Regional Clerk Name and Signature of the Deputy 

Court Clerk

OAT 1812 – Single Notice Form – Judgements, Rulings, Orders and Minutes

(November 2016) / SUMAC

[handwritten:] H

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Exhibit Page 40 of 42

Certified to be a correct and true translation from the source text in Spanish to the target language English.

22/DECEMBER/2021 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

[handwritten:] I

Case:17-03283-LTS Doc#:19998-7 Filed:02/02/22 Entered:02/02/22 18:09:44 Desc:

Exhibit Exhibit 7 Page 46 of 49
Case: 17-03283-LTS Doc#18177-1 Filed: 9/20/21 Entered: 9/21/21 10:19:43 Desc: 

Exhibit Page 41 of 42

Certified to be a correct and true translation from the source text in Spanish to the target language English.

22/DECEMBER/2021 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

Case:17-03283-LTS Doc#:19998-7 Filed:02/02/22 Entered:02/02/22 18:09:44 Desc:

Exhibit Exhibit 7 Page 47 of 49
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Exhibit Page 42 of 42

Certified to be a correct and true translation from the source text in Spanish to the target language English.

22/DECEMBER/2021 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

1. Complaint, Exhibit 1 and Exhibit 2

2. First Amended Complaint

3. Notice of Stay

4. August 27, 2018 Order

5. Ruling

6. Motion for Reconsideration

7. September 25, 2018 Order

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TRANSLATOR’S CERTIFICATE OF TRANSLATION

Translation from: Spanish (Puerto Rico) into English (US)

TARGEM Translations Inc.

I, Andreea I. Boscor, ATA-certified Spanish-English #525556, acting as translator at TARGEM Translations Inc., a NEW 

YORK City corporation, with its principal office at 185 Clymer Street, Brooklyn, NY, 11211, USA, certify that:

the English translated document is a true and accurate translation of the original Spanish and has been translated to 

the best of my knowledge.

Original Document Name: Claim No. 168048

 

Signed this 22nd day of December, 2021 

__________________________ 

 Andreea I. Boscor

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