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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2015-11-17

Other Sections in This Document (839)

Full Text

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Even though Plaintiffs expressly conceded in oral argument that they do not advance any. of their claims as disparate treatment claims, this does not change the required analysis for pretext under disparate impact and retaliation. Therefore, *617Plaintiffs should be given the chance to prove that their alternatives to FEMA’s alleged business needs defeated the same, and that the adverse actions were retaliatory. In addition, they should be allowed to establish as part of their disparate impact claims that the justifications for the adverse actions were pretextual.