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Marion Pham is a nurse of Vietnamese ancestry. The staff of the ward in which she has worked for many years at the Astral Hospital Center is very culturally diverse. Although no one has ever demonstrated overt hostility toward her because of her race or color, she has noticed that over the years, it is usually the Asian employees who are made the brunt of practical jokes or ridiculed. At one time or another, she has observed just about every employee on the ward, including other Asian staff members, as well as the head nurse, engage in such behavior. Each time this happens, Marion experiences a strong sense of hurt and ostracism. Otherwise, everyone on the ward is helpful and courteous to her and she is frequently asked to participate in off-work social activities with coworkers. Is this situation at Astral legally actionable, on the basis of racial harassment?
Is judicial review compatible with democracy?
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