§ 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

1,226 chars

11   At oral argument, plaintiffs' counsel argued that,
rather than closing the PR-NPSC, FEMA should have relocated it, as
it did the Virginia NPSC. This argument is mentioned in only the
most cursory fashion in plaintiffs' brief and is therefore waived.
See Davidson v. Howe, 749 F.3d 21, 27 n.7 (1st Cir 2014); Zannino,
895 F.2d at 17. In any event, it is not persuasive for the same
reasons that the arguments regarding the other proffered evidence
are not.
     12   Plaintiffs' counsel conceded at oral argument that the
May 2008 inspection disclosed safety issues that "shouldn't have
been ignored," but maintained that the issues should have been
addressed earlier.
     13   The FEMA handbook, which plaintiffs cite for their
contention that FEMA has a policy of uniform layoffs when staffing
needs decrease, says no such thing.      It simply says that when
employees are released based on fluctuating staffing needs, FEMA
will consider "one or more" of the following factors:
"Performance," "Job Function," "Work Schedule Availability," "Most
Recent Hire Date," and "Production Levels." There is no indication
that FEMA has a hard-and-fast rule that any necessary layoffs would
be evenly distributed among the NPSCs.

Other Sections in This Document (839)

Full Text