Question

Case Study #2: Kang v. Fetterly, 2018 Ms. Fetterly employed Ms Kangas a caregiver and dissed her for cause after 6 years of service. Msang had made several authored cash withdrawals and personal grocery purchases using my debit/credit cards. Following her dismissal Ms. Kang tiled a human rights complaint, claiming that she was discriminated against by Ms Fetterly on the grounds of sex ancestry and color contrary to the Human Rights Code. The complaint was based on an alleged statement made by Ms. Fetterly that Chinese women like to have sex with Westernment. There was a second comment that Ms. Femely legedly made the dismissal chastising Ms. Kang for flirting with other men even though she was married. Do you think that Ms. Fetterly had the right to terminateMs. Kas employment with just caus? Do you think that there evidence of discrimination in this case?

Answer 1

If we look at the given case, the firing of the plaintiff is not resulted from any kind of gender based discrimination. One fact that the plaintiff was involved in the unauthorized use of cash and payment for the personal grocery can be seen as the major reason for the dismissal. The statements made by the defendant were not related to any employment related discrimination.

In order to prove the gender based employment discrimination, plaintiff has to prove that the main reason for her dismissal was that she was a lady which she could not prove by stating the remarks made by the defendant. So the there is no evidence of discrimination