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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. In the months following the implementation of the rotational staffing plan, several PR-NPSC employees filed EEO complaints regarding that plan, alleging that FEMA was discriminating against them on the basis of national origin. Plaintiffs assert that these complaints were filed between July 2008 and December 2008, while defendants’ brief refers only to “August 2008 EEO complaints.” However, neither plaintiffs nor defendants provide a record citation to support their claim about the timing of the complaints. Based on the record, it is not clear when the first complaints were filed, but an October 8, 2008, email from Kathy Fields demonstrates that over 300 complaints about the rotational staffing plan had been filed by that date. The PR-NPSC EEO specialist sent a list of questions regarding the employees' complaints to the management of the PR-NPSC in October 2008. The parties' briefs do not say whether any of these complaints were resolved prior to the filing of this lawsuit.

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