Question
Facts: Hadid, who is a Muslim woman, was working for Xerox for 6 years, her average annual salary for the past 6 years was approximately
Facts:
Hadid, who is a Muslim woman, was working for Xerox for 6 years, her average annual salary for the past 6 years was approximately $75,000 per year. Although it was made clear at the time she was recruited that she would not be able to wear her headscarf all the time, she continued to wear her hijab during her employment period without any concerns raised by all clients and her employer. However, in January 2019, an internal memo from the employer was sent to her asking her not to wear it on client visits due to a client complaint. She refused and was dismissed on February 1st, 2019 being offered 2-week severance pay. Hadid claims Xerox for wrongful dismissal.
In this situation, Hadid is a Plaintiff, and Xerox is a Defendant.
Issue:
1.Was there dismissal for just cause or dismissal with notice? If for just cause, was it sufficiently to justify dismissal? If without just cause, consider the next 3 questions.
2.Was there discrimination by the Defendant? If so, why and what specific type of discrimination - direct discrimination, or adverse effects discrimination, or systematic discrimination?
3.How much notice was the Plaintiff supposed to be entitled to? Term agreed-upon time in the employment contract, common law notice period, or reasonable notice?
4.Was 2-week severance pay appropriate for 6-year length of service? If not, how much is severance pay that the Plaintiff was supposed to be entitled to?
5.Was there a defense to discrimination, such as a Bona Fide Occupational Requirement?
6.Did the Defendant strictly follow the sequence of employee discipline from less to more severe punishment?
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