The Florida Record Apr. 5, 2016, 7:28pm


MIAMI – A U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement employee alleges that she was denied a job because of her race.

Marilyn Garcia filed a complaint on March 21 in the U.S. District Court for the Southern District of Florida, Miami Division against Jeh Charles Johnson, secretary, U.S. Department of Homeland Security alleging violation of the Civil Rights Act.

According to the complaint, the plaintiff, who is of Puerto Rico national origin, alleges that she was not selected for the supervisory criminal investigator, GS-15 position when it was advertised on USA Jobs in 2013. She alleges she has 25 years of experience in federal service and that the position was never announced internally. The plaintiff holds the defendant responsible because  she allegedly was discriminated against based on race, gender and age concerning her non-selection to the said position. The suit states she was removed from all supervisory duties and reassigned in August 2013. She alleges she filed complaints about the purported discrimination and retaliation. 

The plaintiff requests a trial by jury, compensation for all earnings and benefits she would have received, removal of all negative reviews from her personnel file, liquidated damages, prejudgment and post-judgment interest, attorney's fees and costs and any further relief as the court may deem just and proper. She is represented by Morris E. Fischer.

U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-21023

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U.S. District Court Southern District of Florida Miami Division
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