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 also allege that, whenever FEMA faced a need for reduction in workforce in the past, it released employees nationwide based on performance. While Plaintiffs do not argue that FEMA regulations required it to do so, they claim that the agency departed from its prior practice only to discriminate against them by closing the PR Center and ordering their termination. The majority’s answer to Plaintiffs’ proposed alternative, that FEMA should have terminated employees on a national level based on performance, is a non sequitur. It claims that FEMA could not do so because it had just realized that, it had a budgetary need to close the PR Center. Plaintiffs’ argument, however, is not that FEMA could release employees across the United States based on performance while leaving the PR Center in service. What they argue is that FEMA could have closed the PR Center but transferred some Puerto Rican employees to other centers on the mainland to fill *616spots created by releasing employees there based on performance, averting any disparate impact on Puerto Rican employees, or employees who had filed complaints concerning disparate working conditions and compensation.

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