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National Origin Discrimination Involving Mexican Workers

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Virtually all of the non-U.S. citizens in the labor pool available to an employer are of Mexican descent, many of whom are legal aliens having the right to work in the U.S. The employer implements a policy against hiring any non-U.S. citizens. This policy:

A. Is expressly exempt from Title VII, by the Guidelines on Discrimination Because of Religion or National Origin.

B. Impermissibly denies individuals their Title VII-protected right to express their cultural heritage.

C. Does not, as a matter of law, violate Title VII.

D. Could be found to discriminate on the basis of national origin resulting in disparate impact discrimination in violation of Title VII

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This solution provides the correct answer to the following multiple choice question, with an explanation as to why that option is correct.

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D. Could be found to discriminate on the basis of national origin resulting in disparate impact ...

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