Discrimination against a white police lieutenant who was passed over for promotion by a fellow lieutenant who identifies as white but who is ethnically Hispanic was held actionable under a federal civil rights law.

Ruling in a fight over the appointment of a police chief in the Village of Freeport, the U.S. Court of Appeals for the Second Circuit reaffirmed the law that the term “race” includes ethnicity for purposes of 42 U.S.C. §1981.

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