Youssef v. FBI, No. 11-5069 (D.C. Cir. 2012)Annotate this Case
Bassem Youssef, an Egyptian-born American citizen, claimed that his employer, the FBI, (1) discriminated against him on the basis of his national origin after the terrorist attacks of September 11, 2001, by not placing him in a substantive position dealing with counterterrorism and instead transferring him to a job for which he was dramatically overqualified; and (2) retaliated against him when he filed a complaint and spoke to his superiors about his predicament. The district court granted summary judgment against Youseef's discrimination claim but allowed his retaliation claim to be tried by a jury. The jury returned a verdict against Youssef, and the district court denied Youssef's motion for a new trial. The D.C. Circuit Court affirmed the district court's refusal to grant a new trial but reversed its judgment against Youssef's discrimination claim, holding that because the district court did not reach the fact-intensive issue of a possible discriminatory motive for the transfer, and the parties did not fully brief it to the Court, the case was remanded for further examination of the FBI's reason for the transfer.