‘Go Back to Where You Came from’: Employer Liability When Workers Say Xenophobic Things

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President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country. So what happens when an employee tells a coworker something to the effect of “go back to where you came from”?

Telling Someone to ‘Go Back’ May Violate Title VII

A review of case law demonstrates that quite a few employees have cited such comments as evidence of discrimination or harassment based on their national origin, race, or color, which are all protected characteristics under Title

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