Marion Zhu,a U.S.citizen of Asian origin,is a social worker in particular school district in North Carolina.She was denied a promotion to the Supervisor II (social worker)position although she has good scores on the social workers' promotion examination.A white social worker who scored lower in the exam is instead promoted.The district's Human Resources Department refuses to hear her appeal.Marion is convinced that she was not promoted because she is Asian.Marion can bring a discrimination claim under:

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Marion Zhu can bring a claim of discrimination under 42 U.S.C. section 1983. The Civil Rights Act of 1871, codified as 42 U.S.C. section 1983, protects citizens from deprivation of their legal and constitutional rights, privileges, and immunities, under color of state law.