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TRUMP DOJ ARGUES KEY ANTI-DISCRIMINATION LAW DOESN’T APPLY TO
FEDERAL WORKERS  
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Ken Dilanian
December 1, 2025
MS NOW
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_ Title VII of the Civil Rights Act prohibits discrimination in
employment based on race, color, religion, sex, or national origin. In
1972, Congress extended Title VII’s critical protections to the
federal workforce. _

Seal of the U.S. DOJ, DOJ

 

In a surprising departure from decades of settled law, the Trump
Justice Department is making the argument that the anti-discrimination
provision of the 1964 Civil Rights Act doesn’t apply to federal
workers, according to a new lawsuit filed against it today.

Filed on behalf of a Lebanese-American immigration judge who claims
she was fired without explanation, the lawsuit says, “The President
of the United States has asserted a constitutional right to
discriminate against federal employees.” The fired judge, Tania
Nemer, has accused the government of discriminating against her on the
basis of sex and national origin.

In addition to accusing the DOJ of discriminating against her on the
basis of gender and national origin, Nemer also said the department
violated her First Amendment rights by taking action against her
because she is a Democrat.

Nemer had run for office in Ohio as a Democrat before being hired in
2023 by the Justice Department to serve as an immigration judge. 
Fifteen days after President Donald Trump took office, she was fired,
despite receiving the highest possible performance rating, according
to the suit. 

Title VII of the Civil Rights Act prohibits discrimination in
employment based on race, color, religion, sex, or national origin. In
1972, Congress extended Title VII’s critical protections to the
federal workforce.

No explanation for the firing was given, the suit says, other than a
letter saying that “Ms. Nemer was removed from her position by the
Acting Attorney General under the authority of Article II of the
United States Constitution.”

Nemer filed a complaint in April with the federal Equal Opportunity
Office but, according to her lawsuit, that office did not investigate
as required by law. Instead, the office issued a ruling in September
asserting that Title VII of the Civil Rights Act “does not constrain
discriminatory dismissal against immigration judges because the
statute conflicts with the president’s Article II removal power.”

That is a stunning claim, never before asserted by the Justice
Department, legal experts say.

“This administration’s vision of a nearly omnipotent, unitary
executive with power to determine who does and doesn’t serve in the
executive branch is clearly at odds with the law,” said Joyce Vance,
a former federal prosecutor and MSNBC legal contributor.
“Ultimately, it will be up to the Supreme Court to act as the check
on this unconstitutional exercise of power.”

The Justice Department declined to comment.

“The government’s legal theory reflects an unprecedented assault
by the current Administration against the civil service laws that
protect millions of federal employees,” the lawsuit says. “If the
government prevails in transforming the law, it will eviscerate the
professional, non-partisan civil service as we know it.”

Nemer’s lawsuit asks for her to be reinstated to her position, as
well as full back pay and other compensatory damages.  The suit was
filed by Nathan Zelinsky, co-founder of Washington Litigation Group,
which has been representing  federal employees who claim to have been
targeted by the Trump Administration.

Ken Dilanian is the justice and intelligence correspondent for MS NOW.

 

* federal employees
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* anti-discrimination
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* Labor Law
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