Former Department of Justice immigration judge Tania Nemer sued Attorney General Pam Bondi after the government said she was fired because President Donald Trump had the right to discriminate against her sex.
In a lawsuit filed on Monday, Nemer said that Trump had ordered her fired just 15 days after taking office, even though she "received the highest possible performance rating."
Nemer, a dual citizen of Lebanon, ran for a judicial office in Ohio as a Democrat before seeking federal employment. She argued that Trump had discriminated against her based on sex, national origin, and past political activities.
After filing a complaint with the Equal Employment Opportunity (EEO), Nemer was told "that Title VII does not constrain discriminatory dismissal against immigration judges because the statute purportedly conflicts with the Article II removal power," according to the lawsuit.
"Nothing in the Constitution gives the executive branch the right to discriminate," the lawsuit continues, arguing that the Trump administration violated both the First Amendment of the Constitution and federal discrimination laws. "If accepted, this theory would permit the government to fire federal workers based on race, sex, religion, national origin, or political affiliation with impunity."
"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."
Nemer's lawsuit sought relief in the form of a declaration that the government violated her rights, reinstatement, rescission of her termination, and an award of front pay and back pay.
