Over the weekend, President Trump tweeted out that several prominent “‘Progressive’ Democrat Congresswomen” (who, it shouldn’t have to be said but does, are all American citizens, most of whom were born in the United States) should “go back and help fix the totally broken and crime infested places from which they came.” This language has, rightly, been condemned. But I wondered — what does employment law have to say about this type of language in the private workplace context? Do COURTS conclude that this language can be used to find employment discrimination? As it turns out, courts have quite a bit to say. For example, in Brewster v. City of Poughkeepsie, a District Court refused to overturn a jury verdict against an employer where there was evidence that a similar comment was made to the Plaintiff who was of Cuban national origin. When asked on direct examination if anything was said to her in the station about her race...
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