Colmenares

MARIAM A. VOGEL, J.

Francisco Colmenares worked for Braemar Country Club, Inc., for 25 years, from 1972 to 1997. In 1981, Colmenares injured his back, after which he was (in conformance with his doctor's orders) given only "light duty" jobs. In 1982, Colmenares was promoted from general laborer to foreman of a golf course maintenance crew. In 1995, Colmenares began reporting to a new supervisor, Gary Priday. In October 1995, Priday "wrote up" Colmenares for poor performance. Over the next two years, Colmenares complained to Braemar's general manager and to someone in Braemar's human resources department about Priday's "lack of communication," but Colmenares never suggested to management that Priday's failure to communicate was related to Colmenares's work restrictions. In July 1997, Priday assigned Colmenares to a three-month construction project that required heavy manual labor. At the end of the three-month period, Colmenares was fired for "poor performance."

After exhausting his administrative remedies, Colmenares sued Braemar for age discrimination, disability discrimination, breach of an implied contract, breach of an implied covenant, and intentional infliction of…