§ 2000e-2

Citation: § 2000e-2
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/ ↗

Full Text

1,227 chars

9    Plaintiffs list several "facts" which they contend "are
sufficient to establish a pattern which creates a controversy of
material facts and rebuts FEMA's proffered reasons, which were but
a pretext for discrimination." The dissent similarly focuses on
the question of whether FEMA harbored a discriminatory intent and
offered pretextual justifications for its actions.      Plaintiffs'
and the dissent's focus on "pretext" and on "FEMA's intent or
motive" is misguided. The proper inquiries in the disparate impact
analysis are whether the challenged actions were job-related and
consistent with business necessity, and, if so, whether the
employer has refused to adopt an alternative employment practice
that has less disparate impact and serves the employer's legitimate
needs. Questions regarding "intent or motive" come into play in
a disparate treatment analysis, not a disparate impact analysis.
See Ricci, 557 U.S. at 577-78; Hicks v. Johnson, 755 F.3d 738, 744
(1st Cir. 2014).
          In any event, we consider the facts identified by
plaintiffs below, in our analysis of the retaliation claim, and
find that they do not give rise to an inference of retaliatory or
otherwise improper motive on the part of FEMA.

Other Sections in This Document (839)

Full Text