First Circuit Says Plaintiffs Cannot Prevail On Location-Based Discrimination Claims Based On A Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case, Abril-Rivera v. Johnson, involved employees who worked for FEMA, a government agency, but the decision has important implications for private sector employers as well.

Background

The plaintiff employees' disparate impact and retaliation claims revolved around two decisions FEMA made: (1) implementing a rotational staffing plan during a time when the work facility was being repaired for fire safety concerns; and (2) eventually closing that facility.

The plaintiffs worked at a FEMA call center in Puerto Rico, which was initially established as a temporary facility to help Spanish-speaking victims of Hurricane Marilyn. The call center eventually became a full-fledged claims processing center for FEMA, but was still housed in the temporary facility. A