Former Immigration Judge Files Discrimination Lawsuit Against U.S. Government
Tania Nemer, a former immigration judge, has filed a lawsuit in Washington, D.C., alleging that her dismissal from federal service was discriminatory. The legal challenge suggests potential implications for civil rights laws applicable to the federal workforce.
Allegations of Discrimination
Nemer claims her termination, despite receiving favorable performance reviews, was based on her gender, her status as a dual citizen of Lebanon, and her past political activity as a Democratic candidate for municipal office in Ohio. She asserts that these factors constitute violations of the Civil Rights Act of 1964 and the First Amendment.
Government's Legal Position
The government's response, as cited by Nemer's attorney, Nathaniel Zelinsky of the Washington Litigation Group, argues that the President's authority under Article II of the U.S. Constitution to oversee the executive branch supersedes core civil rights legislation for federal employees. Zelinsky stated that a government victory in this case could significantly alter the professional, non-partisan civil service.
Dismissal and Prior Proceedings
Nemer was dismissed in early February, reportedly escorted from a federal building in Cleveland. Both her supervisor and the chief immigration judge informed her they were unaware of the reasons for her termination during her probationary period. While federal workers on probationary status have fewer rights to contest dismissal than tenured civil servants, they are protected by constitutional provisions against political retaliation and civil rights laws prohibiting discrimination based on race, sex, and national origin.
Following her dismissal, Nemer filed a formal discrimination complaint with an Equal Employment Opportunity office. In September, that office dismissed her claims, asserting a conflict between Title VII of the Civil Rights Act and the president's power to remove federal workers within the executive branch.
Broader Implications and Objectives
The lawsuit emphasizes that the final agency decision suggests a precedent where a president could dismiss federal workers based on sex, national origin, or political activities without legal recourse. Nemer is seeking reinstatement to her position, backpay, and an order nullifying her termination.
Nemer stated she did not receive official notification of the reasons for her dismissal. However, her lawsuit notes that during the administrative process, a senior Justice Department immigration official referenced driving offenses from the late 1990s and early 2000s, as well as two local tax cases, which Nemer had disclosed during her background check. Her lawsuit characterizes these as potential pretextual reasons.
The Justice Department has declined to comment on the ongoing lawsuit.