“Title VII is unquestionably constitutional,” said Nemer’s attorneys, Nathaniel Zelinsky and James Eisenmann. “The government cannot discriminate against its employees. Full stop. We look forward to pursuing Tania’s case in court.”
A former immigration judge has filed a lawsuit claiming that she lost her job after U.S. Department of Justice officials erroneously concluded that president is entitled to discriminate against federal workers based on their sex, national origin, and political affiliation.
According to NBC News, the lawsuit was filed in federal court in Washington, D.C. on behalf of plaintiff Tania Nemer. Attorneys for Nemer say that their client was fired from her position with the U.S. Department of Justice on February 5. The lawsuit claims that the decision was made based on the fact that Nemer is a woman, a dual citizen, and had previously run for local office as a Democrat.
Nemer now claims that the Trump administration violated Title VII of the Civil Rights Act of 1964 as well as her right to engage in political activity pursuant to the First Amendment to the U.S. Constitution. Her lawsuit notes that she filed a complaint with the Justice Department’s Equal Employment Opportunity Office; it was dismissed after the agency found the termination was a “lawful exercise” of the president’s constitutional powers.
The Justice Department has previously claimed that no federal statute, including Title VII, protects immigration judges from at-will termination by the president. However, Nemer says that this belief is mistaken, and has asked that a federal court order her reinstatement.
“Title VII is unquestionably constitutional,” said Nemer’s attorneys, Nathaniel Zelinsky and James Eisenmann. “The government cannot discriminate against its employees. Full stop. We look forward to pursuing Tania’s case in court.”
If the White House continues to enforce the policy as-is, Zelinsky suggested, the competency and neutrality of the entire federal workforce could be at risk.
“This is a case in which the President of the United States has asserted a constitutional right to discriminate against federal employees,” Zelinsky said. “If the government prevails in transforming the law, it will eviscerate the professional, non-partisan civil service as we know it.”
The lawsuit is straightforward in asserting that the repercussions of Nemer’s claim extend far beyond a single immigration judge.
“According to the final agency decision, the President may now fire female federal workers like Ms. Nemer — because of their sex — and the law would have nothing to say about it,” the lawsuit says. “According to the final agency decision, the President can now fire federal workers born to immigrant parents with dual citizenship like Ms. Nemer — because of their national origin — and they would have no recourse. And under the same logic, the President can fire federal workers like Ms. Nemer — because of their political activities and affiliations — and the courts would be powerless to act.”
Sources
Fired worker sues government in a case that could upend civil rights laws
Former immigration judge files lawsuit accusing Trump administration of bias in her firing
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