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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5   In the months following the implementation of the
rotational staffing plan, several PR-NPSC employees filed EEO
complaints   regarding   that  plan,   alleging   that  FEMA   was
discriminating against them on the basis of national origin.
Plaintiffs assert that these complaints were filed between July
2008 and December 2008, while defendants' brief refers only to
"August 2008 EEO complaints."    However, neither plaintiffs nor
defendants provide a record citation to support their claim about
the timing of the complaints. Based on the record, it is not clear
when the first complaints were filed, but an October 8, 2008, e-
mail from Kathy Fields demonstrates that over 300 complaints about
the rotational staffing plan had been filed by that date. The PR-
NPSC EEO specialist sent a list of questions regarding the
employees' complaints to the management of the PR-NPSC in October
2008.   The parties' briefs do not say whether any of these
complaints were resolved prior to the filing of this lawsuit.
     6    The record does not reflect the terms under which FEMA
continued to occupy the building after the expiration of the lease
in September 2008.

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