Tahar Ahmed has been employed as an
Immigration Enforcement Agent for U.S. Immigration and Customs Enforcement
(“ICE”) since 2003. In 2009, Ahmed
applied for the position of Deportation Officer. Ahmed was notified on October 1 that he was
not selected for the position. Ahmed
brought an employment discrimination action against the U.S. Department of
Homeland Security alleging that he was denied the position of Deportation
Officer based on his religion, race, and national origin: a violation of Title
VII of the Civil Rights Act of 1964.
The United States Court of Appeals,
First Circuit, held that a reasonable jury would find that Ahmed was a victim
of discrimination based on one of more of his minority characteristics. Title VII prohibits an employer to
discriminate against an employee solely based on his/her religion, race, and
national origin. The court explained
that Ahmed provided sufficient evidence that showed a pattern of bypassing
minorities for promotion in the Boston ICE office. Based on the historical evidence offered by
Ahmed that there was a complete absence of black and Arab Deportation Officers,
and Hispanics felt discouraged about applying for promotions, the court vacated
the judgment of the district court and remanded the case for further
proceedings. Ahmed v. Johnson,
13-1054, WL 2111236 (1st Cir. May 21, 2014).
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