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Alberty-Velez v. Corporacion De Puerto Rico Para La Difusion Publica

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. P�rez-Gim�nez, U.S. District Judge]

Victoria Alberty-V�lez appeals from the judgment of the district court in favor of the defendant, Corporaci�n de Puerto Rico para la Difusi�n P�blica (“WIPR”), in her lawsuit for sex and pregnancy discrimination. Following a five-day jury trial, the district court granted the defendant’s Rule 50 motion, concluding as a matter of law that Alberty was an independent contractor, not an employee, and therefore not protected by Title VII of the Civil Rights Act, 42 U.S.C. 2000e. Accordingly, the court determined that there was no question of fact to be submitted to the jury. Earlier, in a summary judgment ruling, the court had decided that Alberty was an employee of WIPR and hence subject to the protections of Title VII. Alberty argues that she relied on the earlier determination in trying her case, and that the unexpected change in position at the end of the trial prejudiced her. We agree. We vacate the judgment and remand for further proceedings.

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