Former U.S. Immigration Judge Tania Nemer filed a discrimination lawsuit with the U.S. District Court for the District of Columbia against Attorney General Pam Bondi on Monday.
The lawsuit claims President Donald Trump violated the First Amendment and the Civil Rights Act of 1964 after he fired Nemer in February, allegedly over sex, national origin, and past political activities.
“Nothing in the Constitution gives the executive branch the right to discriminate,” the lawsuit filed by the Washington Litigation Group says. “If accepted, this theory would permit the government to fire federal workers based on race, sex, religion, national origin, or political affiliation with impunity.”
Nemer filed a complaint with the Equal Employment Opportunity Commission a month after she was fired, but her claims were dismissed.
“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 of the EEOC decision.
“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,” the lawsuit adds. “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.”
Nemer, who is a dual citizen of Lebanon, filed the lawsuit after she was forced to leave her post 15 days after being sworn in and “received the highest possible performance rating.” Nemer said she was fired for no reason.
“This is a case in which the President of the United States has asserted a constitutional right to discriminate against federal employees,” Washington Litigation Group attorney Nathaniel Zelinsky said.
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“If the government prevails in transforming the law, it will eviscerate the professional, non-partisan civil service as we know it,” Zelinsky added.
Prior to having been in the federal judicial chambers, Nemer ran for judicial office in Ohio as a Democrat. Nemer is seeking reinstatement, a declaration that the government violated her rights, front and back pay, and rescission of her termination.