Iranian couple files lawsuit against NIOSH - ACLU alleges discrimination

"If the facts as reported play out, then this family was hosed."

"However, I would caution against citing the New York Times as a source of factual reporting on a topic such as this. They are not known as particularly critical thinkers, nor are they known for balanced reporting."

Thanks for the reply. Certainly the NY Times has a bias, and you have to bear that in mind when reading that (it's a good idea when reading anything, really), but even reading between the lines, and ignoring emotionalized language and so on, the bare facts of the case should appall us. Here's another version of the story, from the WVU paper. Note what the FBI eventually ends up admitting about Afshari's daughter who was told she'd have to transfer away from NIOSH to finish her internship (that they don't have any files on her at all) and what Afshari tells people who apologize to him (that they should still be proud of America). This kind of guy isn't our enemy, and he shouldn't have to turn to the ACLU for protection. It hurts our cause when this happens Here's the article, and even if you ignore everything that's subjective or opinion-based in it, the facts are pretty damning:

Monday Dec 13, 2004
Headline News
Muslim couple challenges firing from NIOSH

By Billy Wolfe
Staff Writer
danewsroom@mail.wvu.edu

A local Muslim couple claims that they were wrongly fired from their jobs at the National Institute for Occupational Safety and Health last May because of their ethnic background and religious faith, according to a complaint filed in Washington D.C. District Court last week.

Aliakbar Afshari and his wife, Shala Azadi, claim they began worrying about their jobs last May when their daughter, Azadeh Afshari, was asked to bring her passport with her to NIOSH, where she was doing an internship in exercise physiology. A week later, she was told she would have to complete her internship at Mylan Pharmaceuticals. They say no reason was given for their daughter's termination. On May 5, Aliakbar and Azadi were escorted off the NIOSH premises by their supervisors, and told not to report back to work because they had failed a Homeland Security-ordered background check.

The Afsharis, who are permanent American residents, did not know a background check was in progress, and neither did their supervisors. According to Aliakbar, his supervisor cried when he fired him.

The termination surprised all NIOSH employees, especially the Afsharis, who claim they have no criminal history to warrant alarm from Homeland Security.

"I don't have so much as a traffic ticket," said Azadi, who blames the paranoia of a post-9/11 America for her termination. "Security is good, but they've taken this too far. They're rushing to label everybody."

When they asked to see documentation of the background check, the Afsharis were told it was classified. Their lawyer, Allan Karlin, then filed under the Freedom of Information Act to obtain it. The FBI then said they had no files in Washington, but were looking in other places, according to Karlin.

Later, FBI officials said they possessed no files at all on Azadi, Karlin said.

Aliakbar passed a background check, which is standard for all federal employees, when he began working at NIOSH in 1989. Azadi passed a background check in 1997.

Dhoki Fassihian, executive director of the National Iranian American Council, was contacted by Karlin during the summer, because the NIAC documents discrimination against Iranians. She says she feels that what the Afsharis are facing is "the most egregious act of discrimination" her group has encountered so far.

"It sounded so unreal and severe. These people were just fired and given no reason," Fassihian said. Fassihian also said that the government is unfairly enforcing policies against middle-easterners.

"An Iranian immigrant simply faces stricter enforcement of security laws than say, a Honduran immigrant," she said. Their termination letters were signed by William Porter, director of the Office of Security and Emergency Preparedness, and Equal Opportunity Employment Officer, Thedford Lee.

The letters state that the Afsharis can contact Lee for more information regarding this issue. According to Aliakbar, he has yet to reach Lee by calling the number provided. Neither Lee, nor the offices of OSEP wished to comment on the case. While the lawsuit states that coworkers were instructed not to write recommendation letters regarding the Afsharis' job performance, many of them wrote letters of support to Karlin. Karlin has received more than 30 written statements from members of the community who wrote of the upstanding characters of Aliakbar and Azadi.

The couple says they are impressed by the affection shown to them during this period in their lives. According to Aliakbar, some coworkers came to him saying they were ashamed to be Americans.

"I told them they should never be ashamed of their country," he said. Karlin said nothing in their job descriptions called for a special security clearance. He added that no one working at the Morgantown NIOSH facility possesses one. The Afsharis say the termination has had a paralyzing effect on their family. Azadi, who is attending dental school at West Virginia University, is doing so on a loan. Both are unemployed and living on unemployment checks and the savings they have accrued over the years.

They both continue to search for new jobs, but aren't finding any success. "I've been given no reason for being fired. I've done nothing wrong but if you're an employer, and you can choose to hire someone without all this mess, then you will," said Azadi.

"They have been backed into a corner where they can't defend themselves. He (Aliakbar) has a Ph.D. What is he to do, flip burgers?" said Karlin.

Aliakbar got his green card five years ago. He would have been eligible this year to become a true citizen. Now he fears he won't be granted citizenship. According to Fassihian, her group has received many reports of eligible Iranians waiting since 1998 and earlier to be granted citizenship. She says the discrimination against the Iranian American community isn't getting any better.

Even though the Afsharis were not citizens, Karlin says that as permanent residents working as service fellows for the government, they had the same job protection rights as an American citizen.

Karlin, as well as lawyers from the WVU College of Law, and the American Civil Liberties Union are suing for back-pay, compensation, and for Aliakbar to be reinstated to his job. The Afsharis hope to clear their names with the lawsuit. While he misses getting paid, Aliakbar said he also misses having a job which enabled him to help people. As a scientist working for the government, Aliakbar once built a machine that could analyze an individual's cough, and diagnose that person if he/she was ill.

While Aliakbar says he has no idea why this happened, the lawsuit states that he is being persecuted for associating with "other Muslims engaged in lawful activities."

Fassihian disagrees. She said it is because most Americans don't differentiate between Iraqi and Iranian Americans, but added that it wouldn't be right to discriminate against an Iraqi American either.

"You don't even have to be Muslim to be treated badly. You just need to be Middle Eastern. Just because you might wear a turban on your head, you get placed in a certain group," she said.

Karlin said in October that he was looking forward to the lawsuit, and protecting another individual's First Amendment rights.

"I grew up believing this sort of thing was un-American … but I worry that it is becoming American to arbitrarily discriminate against people," said Karlin.

Small Correction: It's his wife, not his daughter, who was told she'd have to leave NIOSH, but about whom the FBI eventually admitted to having no files at all.

Thanks,
B.

>>>But since you don't, what reason is there for being willing to deport anyone who happens to be originally from there on very slight and possibly mistaken suspicion, without giving them a chance to rebut any evidence that there might be against them?

>>>But the question is whether people who grew up with McVeigh should be held under suspicion along with McVeigh

These two questions have the same answer, sort of. My problem with those from the ME, especially muslims, is two words: Sleeper Cells. I believe Sleeper Cells from the ME exists, they are called Sleeper Cells because they fit in so well until activated. Those from the ME are more likely to be a part of a Sleeper Cell. The chances of McVeigh(Thanks for the spell check!)or other Americans he knew, being part of a Sleeper Cell are very small.

Your arguments, are worthwhile, thoughtful and educated.

I'm sure there are "new" American patriots; those that love this country, who are from various areas of the ME. It is unfortunate for them, but because of Sleeper Cells, I feel it is better to "err" on the safe side and be suspicious of all. This is not to say that rampant "muslim bashing" should occur, but a few deportations may be necessary.

Thanks for hearing me out.