United States First Circuit

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Ocasio-Hernandez v. Fortuno-Burset, 13-1336

In this employment action, plaintiff-workers were fired a few months after a newly elected governor took over the Puerto Rico executive mansion. Plaintiffs allege that they were terminated solely because they affiliated with rival political parties, which amounts to political discrimination prohibited by the First Amendment. Summary judgment disposal of plaintiffs' political discrimination claim is affirmed, where: 1) there is no evidence that defendants had knowledge of plaintiffs' particular political affiliations; and 2) plaintiffs do not offer any generalized statistical evidence showing how many employees affiliated with the governor's party were retained after the layoffs as compared to non-party employees, whether terminated plaintiffs were replaced by party-affiliated employees, or other relevant statistical evidence.

Appellate Information

  • Decided 01/20/2015
  • Published 01/20/2015

Judges

  • Thompson

Court

  • United States First Circuit

Counsel

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