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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Thus, I disagree with the majority that Plaintiffs are not entitled to have their day in court to show that FEMA’s justification to terminate them and close the PR Center based on safety concerns and the alleged reduced operational needs were simply pretextual because its true reason was to avoid the discrimination complaints brought by the Puerto Rican employees. These questions of fact are in no way foreclosed by the Supreme Court’s recent decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., - U.S. -, 135 S.Ct. 2507, 192 L.Ed.2d 514 (2015), as the majority implies. At a minimum, “a court must determine that a plaintiff has shown that there is ‘an alternative ... practice that has less disparate impact and serves the [entity’s] legitimate needs.’ ” Id. at 2518 (alterations in original) (quoting Ricci v. DeStefano, 557 U.S. 557, 578, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009)).

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