Prima Facie Case Study

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Odes has filed a discrimination suit against Native Intimates after it terminated her for a potential employee dress policy dispute. Twenty-nine year old, Lauren Odes claims Native Intimates fired her for being “too hot.” Odes also claims that Native Intimates fired her because her breasts were too large. Odes says that her managers asked her to “tape her breasts down.” The managers had previously complained about her physical appearance and attire at work. One day, they said that she either needed to put on a red robe, or go buy another outfit. While she was out purchasing the other outfit, the managers terminated her. Odes claims she suffered discriminatory termination and is suing for gender and religious discrimination. The rules…show more content…
Rules of Disparate Treatment: For a disparate treatment discrimination lawsuit under Title VII, the plaintiff must establish prima facie. Prima facie is the initial burden of proof the plaintiff must meet to have standing. Prima facie is made up many considerations that mainly address if an employer treats an employee unfairly for being a member of a protected class. The protected classes under Title VII of the Civil Rights Act of 1964 are race, color, religion, national origin, and sex. If the plaintiff can prove prima facie the burden shifts to the employer. The employer must provide evidence that they fired the plaintiff for reasons other than discrimination. If the employer can prove this, the burden shifts back to the employee. The employee must then prove that the reasons the employer gave for termination are a pretext for discrimination. If the plaintiff can prove pretext, the court will find that the employer discriminated under disparate…show more content…
While her employers are Orthodox Jews, they did not require their employees to be a certain religion or follow their religious codes. The employer’s religion is irrelevant to Odes’ termination, because anyone can have an expectation for people to dress conservatively regardless of their religion. Additionally, Odes is the only party to mention religion. No record exists of Native Intimates ever mentioning religion in relation to Odes’ termination. Again Odes fails to satisfy prima facie on these grounds. Since Odes fails to satisfy prima facie for gender discrimination, Native Intimates does not have the burden of proving they fired Odes for nondiscriminatory reasons. Furthermore, because Odes did not meet the burden of proof that Native Intimates discharged her for her religion, no explanation is necessary on Native Intimates part. Accordingly, there is no need to analyze whether or not decision was pretext for discrimination because Odes never met the original burden of

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