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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As the email exchanges between FEMA officials contained in the record reveal, FEMLA began looking for justifications for the permanent closure of the PR Center after the initial emergency closure for repairs on May 16, 2008, following the 2008 review. At that point, the record shows that FEMA did not possess metrics, data, or statistics showing that the PR Center was not necessary to its operations nationwide or even measuring the potential effects of its closure on the agency’s operations. What is more, some FEMA officers did not even know why the agency had come to concentrate on Puerto Rico at the time. That is, FEMA first closed the center and instituted the rotational staffing plan before it had collected the evidence to *615come up with one of its “business necessity” justifications. Plaintiffs presented an email sent by the Deputy Administrator of FEMA on May 26, 2008, asking things like the “desired capacity and exactly how we can achieve [it] without Puerto Rico”; “[w]hat do we expect to be [our] Spanish language requirement and .what options will we have?”; “[w]ant to show that they are typically a small part of the whole system, and that the system has the capacity to absorb the Puerto Rico workload”; “[h]ow long have the facility deficiencies existed and why are we just being attentive now?”; “[h]ave there been any trends that reduce the role of the NPSC?”; “[e]an we show trends in greater usage of online?”; “[w]e need to show that we can live without Puerto Rico, even in a catastrophic situation”; and “[w]e will need to identify each of the other sites and indicate why we would not close them or reduce their capacity.” Nevertheless, the agency based its justification for the rotational staffing plan and closing the PR Center on the firm conviction that, in addition to it being a safety concern, it was no longer necessary to its operations. Indeed, the data on operational needs and statistics was only known by December 2008, when the decision to close permanently was made and after all the alleged “life-threatening” safety concerns had already been addressed. It is hard to see how the safety of the employees was still an issue by the time the data needed to support the second part of the alleged business necessity was collected.

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