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 sum, Plaintiffs’ request for relief on appeal is that we remand this case so that a fact finder can decide whether their alternatives to FEMA’s business needs defeat FEMA’s justifications, and whether FEMA’s adverse actions against Plaintiffs are the result of retaliatory actions arising from their claims for equal working conditions and their requests to return to work during the rotational staffing plan. The former can be shown by establishing that Plaintiffs’ alternatives would have served FEMA’s alleged business necessity without the discriminatory impact on them or that FEMA’s justifications for both the rotational staffing plan and the PR Center closure were pretextual. The latter could be found by a reasonable jury based on the close temporal proximity of the adverse actions to the protected complaints for equal working conditions and the complaints filed in response to the rotational staffing plan. Pretext can also be inferred from Plaintiffs’ challenges to the graveness of the alleged safety deficiencies.

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