Discrimination

Jack and Peter both worked at ABC Widgets Inc. and have been dating for several years now. Recently Jack and Peter were fired. Jack and Peter believe they were fired because management discovered that they are gay, but management at ABC insists that they were fired for violating the companys policy against personal relationships among employees.

1. Is the dismissal of Jack and Peter discriminatory? On what grounds? What type of discrimination is it? Be sure to identify the specific law that applies.

2. What defense would ABC mount in response to their prima facie case?

3. Could Jack and Peter counter this defense? How?

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