Trump’s ‘go back’ remark: In workplace, it might be illegal

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Trump’s ‘go back’ remark: In workplace, it might be illegal
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NEW YORK — President Donald Trump's suggestion that four activist Democratic congresswomen of color

— President Donald Trump’s suggestion that four activist Democratic congresswomen of color “go back” to countries “from which they came” has excited some in his political base. Yet in many of America’s workplaces and institutions, the same language would be unacceptable and possibly illegal.

Apart from its legality in workplaces, Trump’s language has ignited impassioned responses across racial, ethnic and political divides. Facing an uproar from critics accusing him of racism, Trump has insisted that he wasn’t being racist when he tweeted this week that the four Democratic members of Congress — all but one of them born in the United States — “originally came from countries whose governments are a complete and total catastrophe.”

Sam P. Israel, a New York lawyer who handles harassment cases, noted that plaintiffs usually must prove that an offensive comment wasn’t made in isolation but as part of a broader hostile environment. If Trump were an employer facing a lawsuit, Israel said, there would arguably be enough examples to suggest a pattern of racially or ethnically disparaging remarks.

Elizabeth Tippett, a professor at the University of Oregon School of Law, suggested that Trump’s comments could make things worse for anyone who tried to echo him in a workplace. Donna Givens, an African-American neighborhood organizer who leads the Eastside Community Network in Detroit, said Trump’s tweets were deeply hurtful.

“I think that when you see Donald Trump react in a human way, it upsets a lot of people that are expecting maybe your true quintessential politician,” Pappas said. “But it also resonates exponentially with the common American who says, ‘You know what? I’d react that way, too.’ ” Another pastor, E.W. Lucas of Friendship Baptist Church in Appomattox, Virginia, has firmly backed Trump, even posting sign outside the church declaring “America: Love or Leave It,” explicitly echoing the president.

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