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When Can A Worker Sue For Discrimination?

By Amy E. Feldman

PHILADELPHIA (CBS) -- A worker in Las Vegas sued her employer because a manager told her that he preferred to hire Mexicans because, according to her complaint, he said, "I can work them til they drop." And "why hire US citizens when you can get Hispanics cheap." Did I mention that her employer was a school district?

The worker sued, claiming national origin discrimination. But in this case, the manager does not seem to discriminate against Mexicans, he seems to prefer them. Obviously, his statements, if true, are despicable, but why would they be considered discrimination on the basis of national origin?

The reason is not because the manager allegedly discriminated against Mexicans, but rather because the worker who sued is a US citizen, who, at least according to the complaint, was refused a promotion because of her national origin-American.

If the manager really didn't hire her because she was American then what he said wasn't just disgraceful, it was actually discriminatory. And the lawsuit will be a real lesson for the school district in US law.

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