Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9 (1st Cir. 2007). · Go Syfert
Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9 (1st Cir. 2007). Cases Citing This Book View Copy Cite
455 citation events (455 in the last 25 years) across 15 distinct courts.
Strongest positive: Natanael María, et al v. Héctor Emilio Colón (prd, 2026-03-12)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Natanael María, et al v. Héctor Emilio Colón (2×) also: Cited as authority (rule)
D.P.R. · 2026 · quote attribution · 1 verbatim quote · confidence high
it is black-letter law that hearsay evidence cannot be considered on summary judgment.
discussed Cited as authority (verbatim quote) Besosa-Noceda v. Capo-Rivera
1st Cir. · 2026 · quote attribution · 1 verbatim quote · confidence high
when a district court accepts foreign-language documents without the required english translations, an appellate court cannot consider the untranslated documents on appeal.
discussed Cited as authority (verbatim quote) Universitas Education, LLC v. Granderson
1st Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the appellant did not present the argument to the district court. the argument is, therefore, forfeited.
discussed Cited as authority (verbatim quote) Especias Montero, Inc. v. Best Seasonings Group, Inc.
D.P.R. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is black-letter law that hearsay evidence cannot be considered on summary judgment
discussed Cited as authority (verbatim quote) Carreras-Morales v. Silgan Containers Manufacturing Puerto Rico LLC
D.P.R. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is black-letter law that hearsay evidence cannot be considered on summary judgment.
examined Cited as authority (verbatim quote) Ethier v. Thrive Operations, LLC
D. Mass. · 2020 · quote attribution · 1 verbatim quote · confidence high
at summary judgment, this question reduces to whether or not the plaintiff has adduced minimally sufficient evidence to permit a reasonable factfinder to conclude that he was fired because of his age.
examined Cited as authority (verbatim quote) Zabala-de Jesus v. Sanofi Aventis PR, Inc. (2×)
1st Cir. · 2020 · signal: see · quote attribution · 2 verbatim quotes · confidence high
for an . . . employee to withstand summary judgment in an age discrimination case, there must be some significantly probative evidence from which the factfinder can infer that the employer discharged the employee because of his age.
discussed Cited as authority (verbatim quote) FLAHERTY v. UNUM GROUP
D. Me. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
when assessing a claim of pretext in an employment discrimination case, a court's focus is necessarily on the motivations and perceptions of the decisionmaker.
discussed Cited as authority (verbatim quote) Persson v. Boston University
D. Mass. · 2019 · quote attribution · 1 verbatim quote · confidence high
it is black-letter law that hearsay evidence cannot be considered on summary judgment.
discussed Cited as authority (verbatim quote) Sparkle Hill, Inc. v. Interstate Mat Corporation (2×) also: Cited as authority (rule)
1st Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the lack of any clear, easily determinable answer to a legal conundrum is, in itself, enough to defeat a claim of plain error.
discussed Cited as authority (verbatim quote) Moore, et al. V. MERS, et al.
D.N.H. · 2013 · quote attribution · 1 verbatim quote · confidence high
it is black-letter law that hearsay evidence cannot be considered on summary judgment.
examined Cited as authority (verbatim quote) Rodriguez v. Sistema San Juan Capestrano (4×) also: Cited "see, e.g."
D.P.R. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
for a quondam employee to withstand summary judgment in an age discrimination case, there must be some significantly probative evidence from which the factfinder can infer that the employer discharged the employee because of his age.
examined Cited as authority (verbatim quote) Bennett v. Saint-Gobain Corp. (5×) also: Cited "see"
1st Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
a court's focus is necessarily on the motivations and perceptions of the decisionmaker" and "as long as the decisionmaker believed that the appellant's performance was not up to snuff ... it is not our province to second-guess a decision to fire him
discussed Cited as authority (quoted) Ithier v. Aponte Cruz
1st Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a - 11 - party . . . forfeits a right by failing to assert it in a timely manner.
discussed Cited as authority (quoted) Jakuttis v. Town of Dracut
1st Cir. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
a party waives a right only if he intentionally relinquishes or abandons it; he forfeits a right by failing to assert it in a timely manner.
discussed Cited as authority (rule) John F. Hughes v. IAFF Financial Corporation
D. Mass. · 2026 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007) (citing Vazquez v. Lopez-Rosario, 134 F.3d 28, 33 (1st Cir. 1998); Garside, 895 F.2d at 49 ); see also Fed.
cited Cited as authority (rule) Pierre Grenier v. City of Springfield, Massachusetts & Bernard J. Calvi
D. Mass. · 2025 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 16 (1st Cir. 2007)).
discussed Cited as authority (rule) Fernandes v. Criterion Child Enrichment, Inc.
D. Mass. · 2024 · confidence medium
Further, the Court declines to engage in a “she said vs. she said” dispute about credibility because neither Fernandes’ nor Jones’ statements are admissible – both are hearsay.9 Additionally, Jones’ summary of her call with Fernandes as appears in an 9 The disagreement about what was said on the call between Jones and Fernandes does not create a genuine dispute of material fact because “[a] genuine issue of material fact can be created only by materials of email chain with Criterion management is likewise inadmissible as double hearsay. [See ECF No. 28-29]. ‘“It is black-lett…
discussed Cited as authority (rule) Doelger v. JPMorgan Chase Bank, N.A.
D. Mass. · 2024 · confidence medium
Evid. 801(c). “[H]earsay evidence cannot be considered on summary judgment.” Dávila v. Corporación de P.R. para la Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007). 2022), but it is not clear for what purpose.
cited Cited as authority (rule) Martinko v. NH Department of Corrections
D.N.H. · 2024 · confidence medium
“It is black-letter law that hearsay evidence cannot be considered on summary judgment.” Dávila v. Corporación de P.R. para la Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007).
cited Cited as authority (rule) Mullane v. United States Department of Justice
1st Cir. · 2024 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 14 (1st Cir. 2007); and then quoting Chestnut v. City of Lowell, 305 F.3d 18, 20 (1st Cir. 2002) (en banc) (per curiam)).
cited Cited as authority (rule) Nozick v. Lifespan Corporation
D.R.I. · 2024 · confidence medium
Davila v. Corp. De Puerto Rico Para La Difusién Publica, 498 F.3d 9, 16 (1st Cir. 2007).
discussed Cited as authority (rule) Sheridan v. Centerra Group, LLC
1st Cir. · 2024 · confidence medium
"The employer's burden is not a burden of persuasion; the employer need do no more than articulate a reason which, on its face, would justify a conclusion that the plaintiff was let go - 11 - for a nondiscriminatory motive." Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9, 16 (1st Cir. 2007).
cited Cited as authority (rule) Benitez-Pons v. Fideicomiso de Conservacion de Puerto Rico
D.P.R. · 2024 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007); see Fed.
cited Cited as authority (rule) Silvas v. Hilton International of Puerto Rico LLC
D.P.R. · 2024 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007); see Fed.
cited Cited as authority (rule) BahiaG8, LLC v. Sabedoria, LLC
D.P.R. · 2023 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007); see Fed.
cited Cited as authority (rule) Wilson Orthopedics Medical & Rehabilitation Center LLC v. Car Accident Compensation Administration (ACAA)
D.P.R. · 2023 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007); see Fed.
examined Cited as authority (rule) Rowan v. Pierce (4×) also: Cited "see"
D.P.R. · 2023 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007); see Fed.
discussed Cited as authority (rule) DiFronzo v. City of Somerville
D. Mass. · 2023 · confidence medium
If, as a result of the investigation, there is a need for an Appointing Authority hearing, that would be the time and the forum in which you can provide anything that you claim is a defense to any charges against you. 4 “‘It is black-letter law that hearsay evidence cannot be considered on summary judgment’ for the truth of the matter asserted.” Hannon v. Beard, 645 F.3d 45, 49 (1st Cir. 2011) (quoting Dávila v. Corporacion De Puerto Rico Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007)).
cited Cited as authority (rule) Caez v. Universidad de Puerto Rico
D.P.R. · 2023 · confidence medium
“It is black-letter law that hearsay evidence cannot be considered on summary judgment.” Dávila v. Corporación de P.R. para la Difusión Publica, 498 F.3d 9, 17 (1st Cir. 2007).
cited Cited as authority (rule) Pedraza-Melendez v. Ethicon Johnson & Johnson
D.P.R. · 2023 · confidence medium
Page 30 Difusión Pública, 498 F.3d 9, 18 (1st Cir. 2007).
cited Cited as authority (rule) Alberty-Marrero v. Mendez
D.P.R. · 2023 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007) (citations omitted) (“It is black- letter law that hearsay evidence cannot be considered on summary judgment.”).
discussed Cited as authority (rule) Amimi v. Whole Foods Market Group, Inc.
D. Mass. · 2023 · confidence medium
“When assessing a claim of pretext in an employment discrimination case, an inquiring court must focus on the motivations and perceptions of the actual decisionmaker.” Bennett v. Saint-Gobain Corp., 507 F.3d 23, 31 (1st Cir. 2007) (citing Dávila v. Corporación de P.R. para la Difusión Pública, 498 F.3d 9, 16 (1st Cir. 2007)).
discussed Cited as authority (rule) Anderson v. Safe Streets USA LLC
E.D. Cal. · 2022 · confidence medium
Advisors, 498 F.3d 9 920, 924 (9th Cir. 2007) (quoting Zeidman v. J.
discussed Cited as authority (rule) Der Sarkisain v. Austin Preparatory School
D. Mass. · 2022 · confidence medium
“At summary judgment, this question reduces to whether or not the plaintiff has adduced minimally sufficient evidence to permit a reasonable factfinder to conclude that [s]he was fired because of h[er] age.” Dávila v. Corporacion De Puerto Rico Para La Difusion Publica, 498 F.3d 9, 16 (1st Cir. 2007).
cited Cited as authority (rule) Planet Fitness International Franchise v. P JEG-United, LLC
D.N.H. · 2022 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007).
cited Cited as authority (rule) Planet Fitness International Franchise v. JEG-United, LLC
D.N.H. · 2022 · confidence medium
Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007).
cited Cited as authority (rule) Melcher v. Lowe's Home Centers, LLC
D. Mass. · 2022 · confidence medium
Mass. Jan. 6, 2016) (citing McMillan, 140 F.3d at 301 ; Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9, 16 (1st Cir. 2007)).
cited Cited as authority (rule) Willis v. Ocwen Financial Corporation
D. Mass. · 2022 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007).
discussed Cited as authority (rule) Clapp v. Tobin
D. Mass. · 2022 · confidence medium
“It is black-letter law that hearsay evidence cannot be considered on summary judgment for the truth of the matter asserted.” Hannon v. Beard, 645 F.3d 45, 49 (1st Cir. 2011) (quoting Davila v. Corporacion de P.R. para la Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007)).
examined Cited as authority (rule) Lahens v. AT&T Mobility Puerto Rico, Inc (3×) also: Cited "see"
1st Cir. · 2022 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 15 (1st Cir. 2007) (quoting Mesnick v. Gen.
cited Cited as authority (rule) US Department of Labor, Secretary of Labor v. Unitil Service Corporation
D.N.H. · 2021 · confidence medium
Davila v. Corporacion De Puerto Rico Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007).
cited Cited as authority (rule) U.S. Dep’t of Labor, Secretary of Labor v. P Unitil Service Corp.
D.N.H. · 2021 · confidence medium
Davila v. Corporacion De Puerto Rico Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007).
discussed Cited as authority (rule) Erazo-Vazquez v. State Industrial Products Corporation (2×)
D.P.R. · 2021 · confidence medium
It differs from the ADEA only with respect to “how the burden-shifting framework operates.” Dávila v. Corporación de Puerto Rico para la Difusión Pública, 498 F.3d 9, 18 (1st Cir. 2007).
cited Cited as authority (rule) Vazquez Santiago v. Edwards Lifesciences Technology Sarl, LLC
D.P.R. · 2021 · confidence medium
Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9, 18 (1st Cir. 2007).
discussed Cited as authority (rule) Bourassa v. Masscor Optical Industries
D. Mass. · 2021 · confidence medium
“It is black-letter law that hearsay evidence cannot be considered on summary judgment.” Davila v. Corporacion de Puerto Rico Para La Difusion Publica, 498 F.3d 9, 17 (1st Cir. 2007) (refusing to credit hearsay statements in age discrimination suit from plaintiff’s co-workers that a supervisor had said that plaintiff was too old for a management position).
discussed Cited as authority (rule) Zampierollo-Rheinfeldt v. Ingersoll-Rand de PR, Inc.
1st Cir. · 2021 · confidence medium
It noted that, although the ADEA and Law 100 differ "with respect to how the burden-shifting framework operates," "on the merits, age discrimination claims asserted under the ADEA and under Law No. 100 are coterminous." Id. at *12 (first quoting Dávila v. Corporación de P.R. para la Difusión Pública, 498 F.3d 9, 18 (1st.
discussed Cited as authority (rule) Guzman Alejo v. Garland
2d Cir. · 2021 · confidence medium
Guzman Alejo has not demonstrated the 3 prejudice required to establish a due process claim 4 violation. 5 “To establish a violation of due process, an alien must 6 show that []he was denied a full and fair opportunity to 7 present h[is] claims or that [he was] otherwise deprived . . 8 . of fundamental fairness.” Burger v. Gonzales, 498 F.3d 9 131, 134 (2d Cir. 2007) (internal quotation marks omitted). 10 “Parties claiming denial of due process in immigration cases 11 must, in order to prevail, allege some cognizable prejudice 12 fairly attributable to the challenged process.” Garcia- …
cited Cited as authority (rule) Joseph v. Lincare, Inc.
1st Cir. · 2021 · confidence medium
Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir. 2007))); with Maurer v. Indep.
discussed Cited as authority (rule) Shurtleff v. City of Boston (2×) also: Cited "see"
1st Cir. · 2021 · confidence medium
Para La - 10 - Difusión Pública, 498 F.3d 9, 12 (1st Cir. 2007).
Retrieving the full opinion text from the archive…
Ernesto DÁVILA, Plaintiff, Appellant,
v.
CORPORACIÓN DE PUERTO RICO PARA LA DIFUSIÓN PÚBLICA, Defendant, Appellee
06-2353.
Court of Appeals for the First Circuit.
Aug 7, 2007.
498 F.3d 9
2007 U.S. App. LEXIS 18693
2007 WL 2253531
Eli B. Arroyo on brief for appellant., Juan M. Frontera-Suau on brief for ap-pellee.
Lynch, Selya, Lipez.
Cited by 311 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #45,531 of 633,719
Citer courts: First Circuit (2)
SELYA, Senior Circuit Judge.

In this age discrimination case, plaintiff-appellant Ernesto Davila challenges the entry of summary judgment in favor of his former employer, defendant-appellee Cor-poración de Puerto Rico para la Difusión Pública (the Station). Discerning no reversible error, we affirm.

I. BACKGROUND

The critical facts are uncomplicated. The Station is Puerto Rico’s public broadcasting outlet. On August 1, 2000, it hired the appellant as a temporary worker in its engineering department. One month later, the appellant received an appointment as chief engineer, subject, however, to an explicit 10-month probationary period. During that interval, the appellant was to be trained in the duties of the position and periodically evaluated.

Evaluations were conducted on three occasions during the probationary period: in December 2000, March 2001, and May 2001. These reviews, composed by the Station’s director of engineering, Jorge E. González-Fonseca, were generally unfavorable. According to González-Fonseca, the appellant lacked a working knowledge of the Station’s equipment, neglected to complete his assigned tasks in a timely manner, and proved to be in constant need of instruction.

Relying on these negative evaluations, the Station’s president, Linda Hernández, chose not to extend a permanent appointment to the appellant and, instead, terminated his employment at the end of the probationary period.

The appellant sued, asserting that the Station had discriminated against him because of his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and Puer-to Rico’s anti-discrimination statute, P.R.[*12] Laws Ann. tit. 29, § 146 (Law 100). He claimed in substance that he was terminated solely because González-Fonseca thought he was too old for the job. The Station denied the pivotal allegations of the complaint.

At the conclusion of discovery, the Station moved for summary judgment. See Fed.R.Civ.P. 56. The district court granted the motion over the appellant’s objection, concluding that there was no probative evidence of discriminatory animus. Dávila v. Corporación De P.R. Para La Difusión Pública, Civ. No. 04-2002, 2006 WL 2092570 (D.P.R. July 26, 2006). As an alternative ground, the district court ruled that the Station was immune from the appellant’s claims for damages. See U.S. Const, amend. XI. This timely appeal ensued.

II. DISCUSSION

We subdivide our analysis into several segments. First, we briefly limn the standard of review and, relatedly, the summary judgment standard. Next, we deal with an evidentiary question concerning certain untranslated Spanish-language documents. Third, we explain why we eschew any inquiry into the question of Eleventh Amendment immunity. When these preliminaries have been completed, we turn to the merits of the discrimination claims.

A. Standards.

We review a district court’s entry of summary judgment de novo. See Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006). Like the district court, we must take the facts of record in the light most flattering to the nonmovant (here, the appellant) and draw all reasonable inferences in that party’s favor. See id.

The object of summary judgment is “to pierce the boilerplate of the pleadings and assay the parties’ proof in order to determine whether trial is actually required.” Acosta v. Ames Dep’t Stores, Inc., 386 F.3d 5, 7 (1st Cir.2004) (quoting Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791, 794 (1st Cir.1992)). Thus, summary judgment is appropriate only when the record “show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

For this purpose, an issue is genuine if “a reasonable jury could resolve the point in favor of the nonmoving party.” Suárez v. Pueblo Int’l, Inc., 229 F.3d 49, 53 (1st Cir.2000). By like token, a fact is material if it has the potential to determine the outcome of the litigation. See Calvi v. Knox County, 470 F.3d 422, 426 (1st Cir.2006). Where, as here, the nonmovant has the burden of proof and the evidence on one or more of the critical issues in the case “is ... not significantly probative, summary judgment may be granted.” Acosta, 386 F.3d at 8 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

B. Spanish-Language Documents.

We next address a threshold matter. In support of its motion for summary judgment, the Station submitted an array of papers. These included several Spanish-language documents unaccompanied by corresponding English translations. Submission of these documents contravened a local rule requiring all litigation papers to be submitted in English. See D.P.R.R. 10(b). The district court granted the Station leave to file these Spanish-language writings but ordered certified translations to be furnished within one month’s time. The Station failed to comply.

More than two months after ordering the filing of translations, the district court[*13] entered summary judgment for the Station. Dá vila, 2006 WL 2092570, at *7. In its decision, the court did not allude to the missing translations. The appellant contends that the rendering of summary judgment with the untranslated documents in the record constituted reversible error.

“It is well settled that federal litigation in Puerto Rico [must] be conducted in English.” González-De-Blasini v. Family Dep’t, 377 F.3d 81, 88 (1st Cir.2004) (citation and internal quotation marks omitted); see 48 U.S.C. § 864 (requiring that “all pleadings and proceedings in the United States District Court for the District of Puerto Rico ... be conducted in the English language”). When a district court accepts foreign-language documents without the required English translations, an appellate court cannot consider the untranslated documents on appeal. See Estades-Negroni v. Assocs. Corp. of N. Am., 359 F.3d 1, 2-3 (1st Cir.2004); Fed. R.App. P. 10. Where the record shows that English translations were used in the trial court but somehow were not put into the record as they should have been, the parties may invoke Fed. R.App. P. 10 to correct the record. See, e.g., United States v. Vazquez Guadalupe, 407 F.3d 492, 498 (1st Cir.2005). That is not the situation here. If the untranslated documents are or may be essential to the resolution of an issue raised on appeal, and are not subject to cure by means of Fed. R.App. P. 10, the lack of translation may undermine meaningful appellate review. United States v. Rivera-Rosario, 300 F.3d 1, 10 (1st Cir.2002).

The documents in question here, translations of which have been made available on appeal, consist of the appellant’s performance evaluations, letters from the Station’s president notifying him of his appointment and termination respectively, and excerpts from his deposition testimony. It is erys-tal clear that none of these documents bear on any of the issues that the court found dispositive in adjudicating the summary judgment motion. In any event, in addition to the untranslated documents, the Station submitted other documents with its motion for summary judgment. These included a sworn statement, in English, from Nancy Pifiero, the director of the Station’s legal division. In that statement, Pifiero summarized the contents of the appellant’s personnel file, including the three performance reviews. Whatever additional information might exist in the untranslated documents is wholly extraneous and, therefore, inconsequential to the district court’s resolution of the matter. In short, the existence of the Pifiero statement makes it readily evident that nothing contained in the documents had any bearing on the district court’s ratio decidendi.

That ends this aspect of the matter. Because the untranslated documents had no potential to affect the disposition of the case at the summary judgment stage, we conclude that the mere presence of the untranslated documents in the district court record cannot support a claim of reversible error. See González-De-Blasini, 377 F.3d at 89.

C. Eleventh Amendment Immunity.

The district court found, as an alternate ground of decision, that the Station enjoys Eleventh Amendment immunity. The appellant not only disputes that finding but also advances a claim of waiver.

This contretemps might easily be mistaken as a threshold issue. After all, the Eleventh Amendment has been described as implicating subject-matter jurisdiction. See, e.g., Wis. Dep’t of Corr. v. Schacht, 524 U.S. 381, 394, 118 S.Ct. 2047, 141 L.Ed.2d 364 (1998) (Kennedy, J., concurring). This is potentially important[*14] because, in many instances, colorable challenges to a court’s subject-matter jurisdiction must be adjudicated prior to adjudicating the merits of a case. See Steel Co. v. Citizens for a Better Envt, 523 U.S. 83, 93-95, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998).

Here, however, controlling circuit precedent allows us to defer thorny Eleventh Amendment questions in cases in which it is perfectly clear that the state entity will prevail on the merits. [1] See Parella v. Ret. Bd. of R.I. Employees’ Ret. Sys., 173 F.3d 46, 53-57 (1st Cir.1999). This is such a case. Consequently, we avail ourselves of this bypass option and proceed directly to the merits of the appellant’s claims.

D. The Merits.

The appellant seeks to recover on three causes of action. First, he claims that the Station violated his procedural due process rights in failing to provide him with notice and a hearing prior to his discharge. Second, he claims that his ouster was predicated on age and, thus, violated the ADEA. Third, he recasts his federal age discrimination claim in the idiom of Law 100. We deal with each cause of action in turn.

1. Due Process. The appellant asserts, for the first time on appeal, that the Station abridged his procedural due process rights by failing to grant him notice and an opportunity to be heard prior to cashiering him. Although he concedes that a probationary employee has no such rights, see, e.g., Somers v. City of Minneapolis, 245 F.3d 782, 785 (8th Cir.2001), he posits that he had moved from probationary status to career status before the ax fell.

The appellant bases this proposition on a statute that provides in pertinent part that a probatory work contract “in no case shall exceed three (3) months.” P.R. Laws Ann. tit. 29, § 185(h). The statute further declares that, “should the employee continue to work for the employer after the term established in the probatory work contract, said employee shall acquire all the rights of an employee.” Id. The appellant takes this to mean that the 10-month probationary period to which he subscribed was illegal and that he attained the status of a permanent employee after occupying the chief engineer position for three months and one day.

This is an interesting argument, but it comes as an afterthought. The appellant did not present it to the district court. The argument is, therefore, forfeited. [2] See United States v. Leahy, 473 F.3d 401, 409-10 (1st Cir.2007). We review forfeited issues for plain error. See id. at 410. Plain error review is not appellant-friendly; we will resuscitate a forfeited argument only if the appellant demonstrates that “(1) an error occurred (2) which was clear or obvious and which not only (3) affected the [appellant’s] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation[*15] of the judicial proceedings.” United States v. Duarte, 246 F.3d 56, 60 (1st Cir.2001). As we explain below, the appellant in this case cannot satisfy this exacting standard.

The Station was created by statute as an independent public service corporation. See Public Broadcasting Corporation, P.R. Laws Ann. tit. 27, §§ 501-513. Pursuant to this statutory scheme, the Station is authorized to “adopt, amend and repeal regulations to govern its affairs and activities.” Id. § 504(3). It is also authorized to “appoint and contract ... employees ... in accordance with the personnel regulations that are promulgated.” Id. § 504(11).

Exercising these powers, the Station promulgated a comprehensive set of regulations. See P.R. Reg. No. 5468 (July 13, 1995). Pertinently, one of those regulations provides that the duration of a probationary work period for a Station recruit can be between three months and one year. See id. § 8.9(2).

This regulation, which validates the 10-month probationary period contained in the appellant’s contract, arguably conflicts with section 185(h) in that it purports to allow probationary periods longer than three months. The question, then, reduces to whether the Puerto Rico legislature intended the general statute — section 185(h) — to restrict the latitude that it gave to the Station in an entity-specific statute. There is no controlling case law to guide us on how to navigate our way through such a conflict. As a result, the answer to the nuanced question that the appellant’s argument poses is not immediately obvious.

That is game, set, and match. The lack of any clear, easily determinable answer to a legal conundrum is, in itself, enough to defeat a claim of plain error. See United States v. Cordoza-Estrada, 385 F.3d 56, 60 (1st Cir.2004). Accordingly, we reject the appellant’s procedural due process claim.

2. ADEA. The ADEA makes it unlawful for an employer to “discharge any individual or otherwise discriminate against any individual ... because of such individual’s age.” 29 U.S.C. § 623(a)(1); see Suárez, 229 F.3d at 53. The appellant alleges that his discharge transgressed this proscription.

When an employee claims to have been discharged in violation of the ADEA, he must shoulder the ultimate “burden of proving that his years were the determinative factor in his discharge, that is, that he would not have been fired but for his age.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 823 (1st Cir.1991) (quoting Freeman v. Package Mach. Co., 865 F.2d 1331, 1335 (1st Cir.1988)). The Supreme Court has developed a burden-shifting framework to facilitate the process of proving discrimination in the absence of direct evidence. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), see also Sanchez v. P.R. Oil Co., 37 F.3d 712, 718-20 (1st Cir.1994) (applying that framework in an ADEA case).

The initial burden lies with the plaintiff to demonstrate a prima facie case of discrimination. See, e.g., Velázquez-Fernández v. NCE Foods, Inc., 476 F.3d 6, 11 (1st Cir.2007). To satisfy this burden, the plaintiff must produce evidence showing four facts: (i) that he was at least forty years old when shown the door; (ii) that his job performance met or exceeded the employer’s legitimate expectations; (iii) that his employer actually or constructively discharged him; and (iv) that his employer had a continuing need for the services he formerly furnished. See id.; Suárez, 229 F.3d at 53.

[*16] Here, the first, third, and fourth prongs of the appellant’s prima facie case are not in dispute. The Station acknowledges that the appellant was in the protected age group on May 31, 2000; it admits that it terminated his employment on that date; and it concedes that it hired a replacement upon the appellant’s departure. There is a substantial question as to whether the appellant has satisfied the second element but we assume for the sake of argument that he has made the requisite showing.

Once a plaintiff establishes a prima facie case, a presumption of discrimination arises and the burden of production shifts to the employer to proffer a legitimate, nondiscriminatory reason for the discharge. See Riveras-Aponte v. Rest. Metro. # 3, Inc., 338 F.3d 9, 11 (1st Cir.2003). The employer’s burden is not a burden of persuasion; the employer need do no more than articulate a reason which, on its face, would justify a conclusion that the plaintiff was let go for a nondiscriminatory motive. See Sanchez, 37 F.3d at 720; Mesnick, 950 F.2d at 823.

In this instance, the Station asserted, through the sworn statement of Piñero, that the appellant was terminated because of poor work performance during his probationary stint. This statement, by itself, provides sufficient basis for the district court’s conclusion that the Station articulated a nondisciminatory motive for the appellant’s discharge. See Douglas v. J.C. Penney Co., Inc., 474 F.3d 10, 14 (1st Cir.2007); Woodman v. Haemonetics Corp., 51 F.3d 1087, 1092 (1st Cir.1995).

When, as in this case, the employer produces a facially adequate explanation for the discharge, the presumption of discrimination created by the plaintiffs prima facie case disappears from view. See Ramírez Rodríguez v. Boehringer Ingelheim Pharm., Inc., 425 F.3d 67, 78 (1st Cir.2005). At that juncture, the burden reverts to the plaintiff, who must show that the “reason given by the employer for the discharge is pretextual, and, moreover, that it is pretext for age discrimination.” Sanchez, 37 F.3d at 720. In other words, the bottom-line question of discrimination vel non comes front and center. See Ramírez Rodríguez, 425 F.3d at 78; Zapata-Matos v. Reckitt & Colman, Inc., 277 F.3d 40, 45 (1st Cir.2002). At summary judgment, this question reduces to whether or not the plaintiff has adduced minimally sufficient evidence to permit a reasonable factfinder to conclude that he was fired because of his age. See Ramírez Rodríguez, 425 F.3d at 78; Zapata-Matos, 277 F.3d at 45.

Here, the appellant endeavors to carry this burden by showing that the Station’s proffered reason was a pretext and that he was actually cashiered because of his age. His efforts take two forms. First, he tries to discredit his negative performance evaluations. Second, he cites office gossip as a basis for concluding that the Station wanted to get rid of him because of his age. Neither offering bears fruit.

The appellant’s claim that his work performance was unfairly evaluated rests on three supporting allegations: that he was not given adequate training; that the reviews were an inaccurate reflection of his performance; and that González-Fonseca was unqualified to compile the reviews because he did not hold an engineering license. This is whistling past the graveyard. These allegations, even if true, would indicate no more than that the appellant’s dismissal was unfair or unwise; they would not indicate age discrimination. We explain briefly.

When assessing a claim of pretext in an employment discrimination case, a court’s focus is necessarily on the motivations and perceptions of the decisionmak[*17] er. Mesnick, 950 F.2d at 824. Thus, as long as the Station believed that the appellant’s performance was not up to snuff— and the appellant has presented no evidence suggesting that management thought otherwise — it is not our province to second-guess a decision to fire him as a poor performer. [3] That is true regardless of whether, to an objective observer, the decision would seem wise or foolish, correct or incorrect, sound or arbitrary. See Velázquez-Fernández, 476 F.3d at 12; see also Mesnick, 950 F.2d at 825 (explaining that “courts may not sit as super personnel departments, assessing the merits ... of employers’ nondiseriminatory business decisions”). For a quondam employee to withstand summary judgment in an age discrimination case, there must be some significantly probative evidence from which the factfinder can infer that the employer discharged the employee because of his age. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 146-47, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). Proof of pretext may give rise to such an inference; proof of a mistaken judgment does not.

This brings us to the appellant’s other evidence of age discrimination: his own affidavit, in which he asserted that several unidentified co-workers had told him that González-Fonseca believed that he (the appellant) “was too old to hold the position of Chief Engineer.”

The district court refused to give weight to this statement, and so do we. The appellant offered the statement to prove the truth of the matter asserted; that is, that González-Fonseca believed the appellant was too old for the job. But the appellant had no personal knowledge of any conversations between González-Fonseca and his co-workers, and none of the co-workers signed an affidavit or gave a deposition in which the contents of any such conversations were disclosed. Consequently, the statement was hearsay. See Fed.R.Evid. 801(c). It is black-letter law that hearsay evidence cannot be considered on summary judgment. See Vazquez v. Lopez-Rosario, 134 F.3d 28, 33 (1st Cir.1998); Garside v. Osco Drug, Inc., 895 F.2d 46, 49 (1st Cir.1990); see also Fed.R.Civ.P. 56(e).

In an effort to salvage this evidence, the appellant labors to persuade us that the crucial statement is excluded from the operation of the hearsay rule by either the exception for party-opponent admissions or the exception for present sense impressions. We are not convinced.

For a statement to qualify as an admission by a party-opponent, the statement must be made by a party, a person authorized by the party to make statements on its behalf concerning the subject, or the party’s agent or servant acting within the scope of his or her agency or employment. See Fed.R.Evid. 801(d)(2); see also McDonough v. City of Quincy, 452 F.3d 8, 21 (1st Cir.2006). While González-Fonseca would fit within this taxonomy, he did not make the statement in question to the appellant; rather, he is alleged to have made it to some unidentified co-workers. Thus, unless these co-workers were of sufficient stature to bind the Station, the statement is clearly inadmissible as a mere third-party account of what González-Fonseca is alleged to have said.

The appellant cannot clear this hurdle. He did not identify his sources and, without that information, there is no reliable way to tell whether they fit within any of the Rule 801(d)(2) categories. Therefore,[*18] the statement was not admissible on this basis. See Orta-Castro v. Merck, Sharp & Dohme Química P.R., Inc., 447 F.3d 105, 114 (1st Cir.2006); see also Lopez-Rosario, 134 F.3d at 35 (finding no abuse of discretion in exclusion of hearsay statement absent any evidence that the person who related the statement had authority to speak for the employer).

Alternatively, the appellant hawks the exception for present sense impressions. Under this exception, a statement is not hearsay if it describes or explains an event and is made either while the declarant is perceiving the event or immediately thereafter, such that the contemporaneity of the event and the statement negate the possibility of deliberate falsification. See Fed. R.Evid. 803(1) & advisory committee’s note. The appellant has offered no facts regarding the temporal relationship between González-Fonseca’s alleged comment and the co-workers’ revelations of what ostensibly was said. The appellant’s account of the co-workers’ disclosures is thus rank hearsay and, as such, inappropriate for consideration on summary judgment. See Lopez-Rosario, 134 F.3d at 33.

That ends this aspect of the matter. Without González-Fonseca’s supposed statement, there is nothing in the summary judgment record from which a reasonable factfinder could conclude that the appellant was dismissed because of his age. Consequently, summary judgment was appropriate in regard to the ADEA claim.

3. Law 100. The appellant’s attempt to secure relief under Law 100 need not detain us. As said, Law 100 is the Puerto Rico anti-discrimination statute. As applied to age discrimination, it differs from the ADEA only with respect to how the burden-shifting framework operates. [4] See Cardona Jimenez v. Bancomerico de P.R., 174 F.3d 36, 42 (1st Cir.1999).

We need not wax longiloquent. On the merits, age discrimination claims asserted under the ADEA and under Law 100 are coterminous. See Gonzalez v. El Dia 304 F.3d 63, 73 (1st Cir.2002). That being so, it suffices to reiterate that the appellant adduced no significantly probative evidence that his discharge was motivated by age. Accordingly, the district court appropriately entered summary judgment for the Station on the Law 100 claim. See id.

III. CONCLUSION

We need go no further. For the reasons elucidated above, we reject the instant appeal.

Affirmed.

1

. For purposes of the Eleventh Amendment, Puerto Rico is the functional equivalent of a state. See Espinal-Dominguez v. Puerto Rico, 352 F.3d 490, 494 (1st Cir.2003).

2

. The Station argues that the appellant waived this argument by not raising it before the district court. We do not agree. A party waives a right only if he intentionally relinquishes or abandons it; he forfeits a right by failing to assert it in a timely manner. See United States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993); United States v. Rodriguez, 311 F.3d 435, 437 (1st Cir.2002). Because the argument in question was "not identified in any form or fashion below, the appellant could not be said, on this record, to have intentionally abandoned it.

3

. There is no evidence that management relied on biased information from an employee who demonstrably possessed a discriminatory animus. See Cariglia v. Hertz Equip. Rental Corp. 363 F.3d 11, 85-88 (1st Cir.2004).

4

. Because the plaintiff has adduced absolutely no evidence that his firing was predicated on age, the differences between how Law 100 and the ADEA distribute the burdens of proof are immaterial to our analysis. Thus, we need not discuss them here. See Am. Airlines, Inc. v. Cardoza-Rodriguez, 133 F.3d 111, 125 (1st Cir.1998).