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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document
Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Effective Date
2015-11-17

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Plaintiffs, noting that the PR-NPSC employees were required to be “fully bilingual,” unlike their counterparts at other centers, suggest that defendants could have responded to the excess capacity in the NPSC system by “releas[ing] employees nationwide based on their performance.” But such a course of action would not have addressed FEMA’s concerns about the costs associated with maintaining the PR-NPSC facility. Those concerns are no less legitimate simply because the PR-NPSC was the “lowest cost of all the Centers in the nation”; FEMA still stood to realize a substantial cost savings by closing the PR-NPSC.9 Again, this does not create a triable issue of national origin discrimination.