Source: cases/42usc2000e-2/f3d-923-1078-figueroa-v-pompeo.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_923/1078_01/index.html
Under established law, Title VII covers discrimination based on Hispanic or Latino ethnicity
Here, Figueroa reasonably invokes national-origin discrimination.
To make a prima facie case, the plaintiff must produce sufficient evidence "demonstrating a causal connection" between the policy and the disparate impact.
Because no genuine issue of material fact exists and Figueroa fails to establish causation as a matter of law, the Secretary is entitled to summary judgment on the disparate impact claim.
Accordingly, we hold that an employer at the second prong must proffer admissible evidence showing a legitimate, nondiscriminatory, clear, and reasonably specific explanation for its actions.
Because the Secretary has failed to meet his burden of production under the McDonnell Douglas framework, we revive the disparate treatment claim.
casedsl 1.2
# author: Flash2 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/923/1078-01
name Figueroa v. Pompeo
cite 923 F.3d 1078 (2019)
# IR court field says: Court of Appeals of the District of Columbia
court United States Court of Appeals for the District of Columbia Circuit
date 2019-05-10
url catalog/cases/f3d/volume_923/1078_01/index.html
source ir/caselaw/f3d_923.jsonl sha1=081bfe4732718af850d26d7bbdc619b68e919a80 chars=48837
opinion maj : majority by Wilkins @0..48837 controlling
law 42usc2000e-2 (a), (k)
role applied
posture civil; Title VII national-origin non-promotion (disparate treatment) and disparate impact; summary judgment for the Secretary of State affirmed on disparate impact, reversed on disparate treatment; denial of plaintiff's cross-motion vacated in part and remanded (CADC)
result mixed
element employer : satisfied [conceded]
route public-employer
pattern federal-department-of-state
fact @730..849 [supports] | Until 2009, Richard Figueroa worked as a foreign service officer in the United States Department of State (Department).
element protected-class : satisfied [conceded]
route national-origin
pattern hispanic-puerto-rican
fact @2856..2904 [supports] | Figueroa is a Hispanic male born in Puerto Rico.
rule @2905..2997 | Under established law, Title VII covers discrimination based on Hispanic or Latino ethnicity
held @3999..4064 | Here, Figueroa reasonably invokes national-origin discrimination.
? basis: membership was not disputed, but the court went out of its way to say as a matter of law which Title VII category Hispanic ethnicity falls under; [law] would also be defensible
element adverse-action : satisfied [conceded]
route failure-to-hire-or-promote
pattern foreign-service-grade-advancement
fact @7998..8130 [supports] | Figueroa first became eligible for promotion to the FS-01 pay grade in 2000, and he applied every year until his retirement in 2009.
fact @8224..8352 [supports] | He made it to the lower end of the ranked finalist lists in 2004 and 2005, but he again was deemed mid-ranked from 2006 to 2009.
fact @45797..45880 [supports] | Indeed, the government conceded the prima facie case for the purpose of the motion.
? basis: conceded only for the purpose of the Secretary's motion; the court remands for the district court to decide the prima facie case in the first instance on Figueroa's cross-motion
element impact : not-satisfied [no-evidence]
route specific-practice-causation
pattern annual-fresh-review-of-promotion-candidates-not-tied-to-disparity
rule @13271..13426 | To make a prima facie case, the plaintiff must produce sufficient evidence "demonstrating a causal connection" between the policy and the disparate impact.
fact @11698..11826 [neutral] | Figueroa challenges the fresh annual review given by the selection boards, which ignore the candidate's rankings in prior years.
fact @12250..12533 [supports] | Among them are statistics from 2006 to 2008 showing that no Hispanic or Latino candidate was promoted to the FS-01 pay grade, even though, during those years, Hispanic and Latino candidates made up 4.0% to 5.8% of the applicant pool and the overall promotion rate was 14.1% to 17.6%.
fact @13688..13845 [cuts-against absent] | Both point to non-statistical evidence, but none of the cited materials even refers to-let alone establishes a connection with-the challenged refresh policy.
held @13846..14033 | Because no genuine issue of material fact exists and Figueroa fails to establish causation as a matter of law, the Secretary is entitled to summary judgment on the disparate impact claim.
gloss The court expressly does not decide whether the statistical disparity itself was substantial enough ("We need not decide the propriety of the first holding").
element employer-reason : not-satisfied [law]
route sufficiency-of-articulation
pattern subjective-promotion-precepts-with-no-explanation-of-how-applied-to-plaintiff
rule @38265..38456 | Accordingly, we hold that an employer at the second prong must proffer admissible evidence showing a legitimate, nondiscriminatory, clear, and reasonably specific explanation for its actions.
fact @21750..21887 [supports] | The Secretary has produced an eight-page chart outlining the Department's core precepts, and Figueroa does not dispute its admissibility.
fact @21888..22023 [supports] | The Secretary also has provided declarations from board members stating that they followed the precepts in considering Figueroa's file.
fact @39258..39387 [cuts-against] | All we know is that the board determined Figueroa to be mid-ranked-which at most says he was not deficient in any relevant skill.
fact @41117..41303 [cuts-against absent] | But none of the declarants explained what differentiated the best candidates from the rest, nor did they recall anything about why Figueroa's application was middling under the criteria.
held @45524..45669 | Because the Secretary has failed to meet his burden of production under the McDonnell Douglas framework, we revive the disparate treatment claim.
misfit Pretext and the ultimate because-of question are expressly not reached ("We express no opinion as to whether the District Court correctly analyzed Figueroa's claim at the third prong"); the consequence of the failed burden of production (the unrebutted prima facie presumption, possible summary judgment for the plaintiff on remand) has no slot.