FEMA Seeks Dismissal of Asian American Attorney’s Bias Suit

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Yeh further asserts that her work environment led to symptoms of post-traumatic stress disorder, prompting her to take medical leave. Upon returning to work, she filed a formal discrimination complaint and was eventually transferred. Despite being fired in 2018, Yeh was reinstated in 2022 by an administrative judge from the U.S. Equal Employment Opportunity Commission (EEOC).

FEMA and DHS Argue Claims Lack Legal Basis

FEMA and DHS maintain that Yeh’s claims fall short on jurisdictional grounds. They argue that her employment-related discrimination allegations should have been brought under specific laws such as Title VII of the Civil Rights Act, the Rehabilitation Act, or the Family Medical Leave Act. Claims stemming from the same facts as federal employment discrimination cases are routinely dismissed, the agencies added.

Additionally, the government contends that Yeh’s lawsuit improperly names individual defendants, further complicating the jurisdictional issues. The agencies argue that the confusion and disorganization of the complaint make it nearly impossible to respond to the allegations properly.

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FEMA Atty Bias Suit : Procedural Challenges

Yeh’s legal battle has faced several procedural hurdles. After filing the suit under a pseudonym, Yeh revealed her identity in April 2024, following a court ruling that denied her request to proceed under a fictitious name. Later, she sought pro bono legal representation, filing multiple motions for a court-appointed attorney, but those motions were denied in July, as the court ruled she could not request counsel before formally serving the complaint. As of September, the court had not appointed a lawyer to represent her.