IJ Firing Upheld

From Bender’s Immigration Bulletin (here):

An Immigration Judge with the Department of Justice, fired by the Department for repeated use of “sexist and ethnically insensitive generalizations” and profanity, failed to persuade the federal appeals court to overturn the Merit Systems Protection Board decision that upheld his firing. (Levinsky v. Department of Justice, C.A.F.C. No. 06-3046 (non precedent), 12/8/06).

In its decision affirming the firing, the appeals court summarized the facts:

Levinsky was an Immigration Judge with the Executive Office for Immigration Review within the Department of Justice. He presided over deportation proceedings involving aliens who had been convicted of felonies in Fishkill, NY. A trial attorney who worked with Levinsky accused him of misconduct and eventually brought a discrimination complaint (sex, religion, race, and national origin by subjecting her to a hostile and discriminatory work environment) naming Levinsky as the alleged discriminating official. The usual investigations followed and resulted in a report finding that Levinsky had engaged in offensive and inappropriate communications and tagging him with subjecting the complainant to a “discriminatory hostile work environment, in violation of Title VII…”

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KJ