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)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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These arguments add nothing to plaintiffs’ case. Given the safety concerns at the PR-NPSC facility (the existence of which plaintiffs have conceded12), the impending expiration of the facility’s lease, and the $9 million cost of establishing a new Puerto Rico facility, it is not surprising that FEMA decided to close the PR-NPSC in the face of reduced staffing needs.13 While PR-NPSC employees were fully bilingual and could handle both Spanish- and English-language calls, it is undisputed that the Puerto Rico facility was originally established specifically for bilingual services, the need for which had sharply diminished by 2008.14 While FEMA could have made different business decisions, as we have said before, “[i]n the absence of proof sufficient to create a jury issue regarding retaliation, courts should not use cases involving unsupported reprisal claims to police the wisdom, fairness, or even the rationality of an employer’s business judgments.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 829 (1st Cir.1991).

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