The Trump Organization, the network of businesses owned by President Donald J. Trump, employs an estimated 22,000 people. If Mr. Trump ever made a statement about an employee similar to the one he made about a group of four female, non-white, Democratic Members of Congress, it would be used as evidence of unlawful, discriminatory and retaliatory bias, according to the workplace norms stated on the federal Equal Employment Opportunity Commission’s website.

On July 14, President Trump tweeted criticism of the group of four, stating in part:

“So interesting to see ‘Progressive’ Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all), now loudly…and viciously telling the people of the United States, the greatest and most powerful Nation on earth, how our government is to be run. Why don’t they go back and help fix the totally broken and crime infested places from which they came?”

Three of the four were born in the US, so the government that is “a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all)” is our own, including “the totally broken and crime infested places from which they came.” The fourth Congress member was born in Somalia and later became a naturalized citizen.

The U.S. Equal Employment Opportunity Commission (EEOC) is the government agency tasked with enforcing federal anti-discrimination laws in the American workplace. According to its website, the President’s “go back” language, if targeted against employees, would be evidence of illegal, discriminatory, and retaliatory discrimination, based on the targeted employees’ national origin:

Ethnic slurs and other verbal or physical conduct because of nationality are illegal if they are severe or pervasive and create an intimidating, hostile or offensive working environment, interfere with work performance, or negatively affect job opportunities. Examples of potentially unlawful conduct include insults, taunting, or ethnic epithets, such as making fun of a person’s foreign accent or comments like, “Go back where you came from, ” whether made by supervisors or by co-workers.

The EEOC web page also points out that employment discrimination based on citizenship status is prohibited by the Immigration and Nationality Act, which makes illegal:

• Citizenship status discrimination in hiring, firing, recruitment or referral;
• National origin discrimination in hiring, firing, or recruitment or referral;
• Unfair documentary practices during the employment eligibility verification, Form I-9 and e-Verify processes; and
• Retaliation or intimidation.

This isn’t the first time Trump’s words showed evidence he might be less than stellar as an employer. In 2005, in a recorded conversation with Billy Bush, the future President stated this about his entitlements around women, according to a transcript by the New York Times.

Trump: Yeah, that’s [the host]. With the gold. I better use some Tic Tacs just in case I start kissing her. You know, I’m automatically attracted to beautiful [women]— I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything.

Bush: Whatever you want.

Trump: Grab ’em by the pussy. You can do anything.

If the President treated an employee the way he said he was entitled to do, it would be, without a doubt, sexual harassment and possible criminal sexual contact. Nineteen women have publicly accused the President of various acts of sexual misconduct, including acts of physical assault, according to ABC News. One was an employee who claims Trump forcibly kissed her on the lips. Two were vying for employment with his organization through his TV show, the Apprentice.

Summer Zervos claims Trump grabbed her shoulder, kissed her aggressively and placed his hand on her breast during the taping of the show’s fifth season. Zervos has a defamation lawsuit pending against Trump, based on his damaging statements about her after her allegations went public.

It’s not just the rich and famous among business owners who behave aggressively and inhumanely towards female employees. Business owners from Mom and Pop stores to international conglomerates behave unlawfully every day. If you have a crisis or concern about sexual harassment, discriminatory practices, or retaliation based on national origin, race, gender, or citizenship status, contact the employment attorneys at Kingston Law Group, 1-609-683-7400, or contact us online to set up a near-term reduced fee initial consultation at our Central Jersey location in Kingston.  We will listen to your facts, explain the law, and recommend your best pathways to monetary and social justice.  Call today. You will be glad you did.