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Question: Fiona was employed as a waitress at Knockers. Knockers is a nationwide restaurant chain which has cultivated an image for its attractive, scantily clad waitresses. Knockers has an "Image Policy" which requires that waitresses wear approved uniforms, full make-up, and that hair must be "styled" and "glamorous." It also required that waitresses' appearance must not be "bizarre, outrageous or extreme." Under the policy, the waitresses' hair is not allowed to be more two shades from "a natural color." Fiona is a black woman. Fiona decided to add blond highlights to her hair for the summer. When she appeared for work her manager approached her and explained that she would have to remove the blond highlights as the color was not "natural" to black women and was therefore in violation of the Image Policy. Fiona declined to remove the highlights and she was subsequently fired.
Instructions:
Consider the above-described fact situation. Determine whether Honker's conduct is discriminatory. If so, what type of claim should Fiona file. What will she need to prove in order to prevail on the claim?
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