United States First Circuit

In a suit alleging employment discrimination on the basis of national origin after Spanish-speaking employees were given a choice between termination and positions requiring the ability to communicate effectively in English, summary judgment for defendant is affirmed where: 1) the lower court permissibly refused to consider the employees' counter-statement of material facts; 2) the employees released their claims under federal and local law upon termination; 3) the releases were valid and enforceable and dispositive of the asserted claims; and 4) in the absence of viable claims on the part of the employees, the derivative claims mounted by their spouses failed.

Appellate Information

• Decided 05/01/2007
• Published 05/01/2007

Judges

• SELYA, Senior Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Iris Y. Valentín-Juarbe, with whom Nicolas Nogueras-Cartagena was on brief, for appellants.


• For Appellees:
  
• Radamés A. Torruella, with whom Miguel A. Rivera-Arce and McConnell Valdés were on brief, for appellees.