Earlier this month, the First Circuit ruled on an employment discrimination case in favor of the defendants in Acevedo-Perez v. United States Department of Homeland Security, et al. Apparently, an employee of the United States Customs and Immigration Service (USCIS) filed a suit for employment discrimination, claiming he was discriminated against based on his age.
The employee alleged that in 2005 the agent in charge of his office asked for volunteers to transfer offices. The employee was listed as one of the four officers of seniority and was reassigned to headquarters. He had to delay his transfer because of a family issue. His third attempt to delay his transfer was denied, and he subsequently retired. He then filed a complaint in 2006, alleging that he was discriminated against because of his age, and that he was forced to retire. This claim was denied in 2009. He received a notice to appeal in July 2009, and he commenced his action in September 2009.