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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. Plaintiffs list several "facts” which they contend “are sufficient to establish a pattern which creates a controversy of material facts and rebuts FEMA’s proffered reasons, which were but a pretext for discrimination.” The dissent similarly focuses on the question of whether FEMA harbored a discriminatory intent and offered pretextual justifications for its actions. Plaintiffs' and the dissent’s focus on "pretext” and on "FEMA’s intent or motive” is misguided. The proper inquiries in the disparate impact analysis are whether the challenged actions were job-related and consistent with business necessity, and, if so, whether the employer has refused to adopt an alternative employment practice that has less disparate impact and serves the employer’s legitimate needs. Questions regarding "intent or motive" come into play in a disparate treatment analysis, not a disparate impact analysis. See Ricci, 557 U.S. at 577-78, 129 S.Ct. 2658; Hicks v. Johnson, 755 F.3d 738, 744 (1st Cir.2014).

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