Assignment task: Plaintiff ( Ali V. Mount Sinai Hospital) offers no evidence that the dress code was not enforced against other Hospital employees as it was against her. Dr. Shields' testimony that the dress code had been enforced against other nurses, including Vicki Goldstein, was not disputed.
Although Ms. Ali identified certain Caucasian women whom she believed were in violation of the code, she failed to set forth any evidence to show a lack of enforcement.
Summary:
This case exemplifies that as a plaintiff of a racial discrimination claim you have to put forth facts in your court pleading that you as the plaintiff were treated differently in regards to an employer policy which appears neutral on its face. If you do not, your case will be dismissed.
If you were the employer what actions would you take to avoid the appearance of the unfair application of dress code policy? How would you address Dr. Shield's approach?