First Circuit Revives Maricao Auditor's Section 1983 Bias Suit Over Denied Reappointment
Updated
Updated · Bloomberg Law · Jul 2
First Circuit Revives Maricao Auditor's Section 1983 Bias Suit Over Denied Reappointment
1 articles · Updated · Bloomberg Law · Jul 2
Summary
A First Circuit panel vacated summary judgment for Puerto Rico's Municipality of Maricao, reviving an internal auditor's political discrimination claims over her non-reappointment.
The court said the district judge erred by treating failure to hire or reappoint as not being an adverse employment action under Section 1983.
It also faulted the lower court for relying only on the job's legislative classification without deciding whether political affiliation was actually an appropriate requirement for the auditor post.
The plaintiff, affiliated with the New Progressive Party, alleges Maricao denied her reappointment because of her political ties, sending the case back for further proceedings.