Background
In 2020, the Popular Democratic Party candidate defeated the New Progressive Party incumbent in the Maricao, Puerto Rico, mayoral election. The new mayor, Wilfredo Ruiz-Feliciano, did not reappoint Odette López Collazo to the position of Internal Auditor, a role she had held under the previous administration since 1994. López Collazo sued, claiming the refusal was based on her political affiliation with the New Progressive Party. The district court granted summary judgment for the mayor, ruling that a failure to hire was not an adverse employment action and that the position was a trust role under local law.
The court’s reasoning
The First Circuit reviewed the district court’s decision de novo. The court first addressed the definition of adverse employment action, noting that First Amendment protections extend to those who fail to receive a new appointment to a position they previously held. The court rejected the district court’s reliance on Title VII standards, emphasizing that the First Amendment standard is broader. Second, the court analyzed whether the Internal Auditor position qualified as a trust role where political affiliation is an appropriate requirement. The court explained that legislative classification alone is insufficient; a two-step inquiry is required to determine if the position involves policymaking or confidential responsibilities. Citing prior precedent, the court found that the Internal Auditor’s duties were technical and did not involve discretion or policymaking, thus failing to meet the exception for political discrimination.
What it means going forward
Public employers in the First Circuit cannot rely solely on local statutory classifications to designate positions as trust roles exempt from First Amendment protections. Employers must demonstrate that the specific duties of a position involve policymaking or confidential responsibilities to justify political discrimination in hiring or reappointment decisions.