...To: CEO From: Elementary Division Manager Date: 01-07-2013 Subject: Constructive Discharge of Employee Brought to my attention by the company attorney, a former employee has filed a legal claim against the company claiming “constructive discharge” of religious discrimination falling under Title VII of the Civil Rights Act of 1964. The claim stems from an alteration in the previous production schedule to better support the company’s progress and development. The new schedule is requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday. This rotation schedule would have the former employee to be scheduled to work on a holy day considered by the former employee. This policy of scheduling led the former employee to resign. This memo aids in addressing the current situation for the company by defining constructive discharge, reviewing Title VII of the Civil Rights Act of 1964, and providing recommendation that the company could conduct in resolving the current situation. Constructive Discharge Constructive discharge can be defined has when an employee’s work condition are so intolerable that would evolve into resignation by the employee (Dempsey and Petsche, 2006). This simply can be described as the employer...
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...MEMO To: CEO From: Date: Re: Constructive Discharge case Message: With respect to the case filed by a former employee against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to draw your attention towards the legalities of constructive discharge. Constructive discharge occurs when employees resign because their employer's behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign (Constructive dismissal). Since the employee is required to work on his religious holiday so it can be considered as a case of constructive discharge. It is unlawful if an employer discriminates against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. (Title VII of the Civil Rights Act of 1964). Here, the employee can raise issue based on discrimination based on religion. As a way to avoid constructive discharge case, we can introduce flexibility in the working days, the employees may be having certain reservations in working on a particular day, the same can be asked beforehand before finalizing the days for the employees. Also, flexibility in terms of shift can be provided to the employees. Secondly we need to sensitize the issue to the employees of our company that the decision has been taken to increase the productivity of the company and will help us...
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...Memo to: CEO, Toy Company From: Elementary Division Manager Re: Constructive Discharge November 15, 2012 This memo is in response to a claim made against our organization by a former employee. The claim alleges that an employee was compelled to resign their position because of a discriminatory policy requiring employees to work rotating weekend shifts to include religious holy days. The company attorney has notified me that that the claim is against the company under Title VII of the Civil Rights Act of 1964, Constructive Discharge, after a work schedule policy change. A Constructive discharge is defined as follows: “Under the majority view, an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable. Under the minority view, the plaintiff must show not only that conditions were intolerable, but also that the employer created those conditions with the specific intent of forcing her to resign” (Finnegan, 1986). The employees Constructive Discharge is claimed in that the policy change to start rotating weekends was found intolerable to the employee due to religious holy days being a work requirement. The Title VII of the Civil Rights Act of 1964 covers a variety of potential discriminations including discrimination on the basis of religion. Discrimination could be directed to a group or individuals...
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...Constructive Discharge: After conducting research on Title VII of the Civil Rights Act of 1964, it is important to understand the legal concept, “Constructive Discharge”, as it is extremely relevant to the employee’s claim. Constructive discharge is when an employee resigns from a job, claiming that the employer has made it impossible for the employee to continue working for the company. Because the resignation is not truly voluntary, it is considered termination or firing. In order to establish a constructive discharge claim, the employee must show reasonable evidence that the discharge occurred, also known as “prima facie”. To show prima facie, the plaintiff must show the following factors occurred: 1. The employee resigned directly because of a change in working condition or policy implemented by the employer (Niznik, 2012). 2. There was a “cause and effect” relationship between the resignation and the change in working condition or policy; both must have occurred within reasonable time of each other (Niznik ,2012). 3. Any reasonable employee would resign under the same circumstances because the change in policy or working condition was unbearable (Niznik ,2012). 4. The resignation was predictable – the employer intentionally implemented the change, knowing any reasonable would quit (Niznik ,2012). Although the employee can prove factors #1 & 2 occurred, it would be extremely difficult for the employee to prove that any other “reasonable” employee...
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...Memo To: CEO From: Date: 02/21/2013 Subject: Former Employee Constructive Discharge Litigation Background information The company attorney notified me that the former employee filed a claim against the company, citing the violation of Title VII of the Civil Rights Act of 1964 for Constructive Discharge. The company’s change of the working plan to a rotating shift system led to the violation of the employee’s rights or religious holiday leading to the litigation. It is in this regard that I write this memo to notify you about the finding of the case. Summary of the Findings Part A: How Constructive Discharge Legal concept is relevant to the scenario The company implemented a new workplace shift policy in the production department to meet the company’s growth needs. The workplace policy was implemented at the beginning of the New Year. The policy required that employees in the production department work 12 hour shifts with 4 days of work and then 4 days off in a rotating shift. This implied that somehow some of the working days would fall into the employees’ religious holiday. As a result, the former employee resigned from work after the implementation. The former employee is claiming a constructive discharge, which is a discriminatory workplace practice wherein an employee is compelled to quit the job due to the intolerable work environment (Thomson, 2007). However, to claim, constructive discharge, the courts must require evidence of deliberate discrimination on the...
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...Dear Mr. Nelson: I am writing at your request with regards to Ms. Jackson's recent legal claim of constructive discharge against Maggies Market under Title VII of the 1964 Civil Rights act as it pertains to religious discrimination. The following memo will cover the relevance of constructive discharge and the 1964 Civil Rights Act, Title VII, in addition to my recommendations with specific court cases that pertain. For your information and for further perusal, I have attached a references page to this document with the article, book, and cases referenced within this memo. Relevance of Constructive Discharge Constructive discharge has complete applicability to the situation at hand. Constructive discharge as explained in the case Turner v. Anheuser-Busch (1994) is termed when an employee can prove that a work situation created by an employer was so intolerable or in our situation, incompliant to Ms. Jackson's Sabbath day observance, that the employee feels compelled to resign. Although Ms. Jackson may be required to provide evidence that we as a company were allowed the opportunity to make allowances for Ms. Jackson's religious needs and in some courts, that we as an employer deliberately created a work environment with the intent of forcing Ms. Jackson to resign, which we of course did not, there is still great relevance to the claim of constructive discharge and Ms. Jackson's claim should be treated with care and timeliness. Title VII of the Civil Rights Act (1964)...
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...| Toy Company | Memo To: CEO From: , Elementary Division Manager Date: [ 11/19/2012 ] Re: Employee Constructive Discharge A. As I am sure you are aware, production staff is now required to work four consecutive twelve hour days. Then they have four days off. These days can be any day Monday through Sunday. A former employee has quit due to these circumstances and is claiming constructive discharge. Constructive discharge is when an employer creates an environment so uncomfortable for the employee that he or she is compelled to resign (Underwood, 1998, p.343). Underwood states that an employee forced to resign under these conditions is said to have been constructively discharged (1998, p.343). Constructive discharge would apply here. The environment is not uncomfortable or unbearable every day. However, the way an employee of certain religious background would feel working on a Holy day would be of great discomfort. There is also a process that needs to be followed for constructive discharge to be considered. The employee needs to inform the employer about the working conditions that are making it uncomfortable or unbearable. The employee needs to give the employer fifteen days to respond about the conditions. B. According to the Society for Human Resource Management, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to...
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... During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday. In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to the employee’s claim. Task: Prepare a memo for the CEO in which you summarize your findings by doing the following: A. Explain how constructive discharge as a legal concept is relevant to the scenario. B. Discuss a protected category, under Title VII of the Civil Rights Act of 1964 that is relevant...
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...Toy Company USA| To:|John Johnny, CEO| From:|--- || Date:|7/9/2012| Re:|Constructive Discharge of Former Employee. Research and Response.| Comments:|Following your request to investigate how our company should respond to the recent claim by a former employee under Title VII of the Civil Rights Act of 1964 after our schedule policy change I have made several notes regarding how we should respond to their claim.A. Constructive Discharge: According to an article by the Denver Business Journal a person cannot sue for a constructive discharge. While this statement isn’t completely true, it is very difficult to prove Constructive Discharge, which means that an employee resigns because working conditions are so unpleasant or difficult that a reasonable employee would feel compelled to resign. The employee must provide evidence or notification, in writing, regarding the cause for them choosing to resign and then allow the employer fifteen days to respond, in writing, to those allegations. In order to prove that there was a constructive discharge the employee, or in this case the former employee, must “preponderance of the evidence that the articulated reasons are a pretext for discrimination” as noted in Duffy V. Paper Magic Group Inc. 1988. Also as noted in this case it is very difficult for the former employee to provide evidence that this was the case. In the United States Supreme Court decision in the Pennsylvania State Police V. Suders 2004 it was shown that the former...
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...In accordance with BrainMass rules this is not a completion of assignment but only background help: FROM: Elementary Division Manager, TO: CEO DATE: July 06, 2011. SUBJECT: Claims of constructive discharge: The reason why this memo is being written is that a former employee has filed a case under against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, on the charges that the company requires its workers to work on religious holidays. The reason for this charge is the introduction of 12-hour shifts with four days at work. These four days can start any day of the week. This rotating shift is the reason for the case against the company (Sullivan, & Craig. C, 2008). Constructive discharge is a legal term which means that employees resign because their employer's behavior has become so monstrous or made the life so difficult for the employees that they may consider themselves to be fired. The employee must prove that behavior of the employer was unlawful or a breach of contract. The fact that the employee left after the new policy came into force and that according to the employee it infringed on his religious rights is the basis of his claims for constructive discharge. According to the Title VII of the Civil Rights Act of 1964, employers are prohibited from discrimination in employment based on race, color, religion, sex, and national origin. Under this law denying a reasonable accommodation of an employee's sincerely held religious...
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...Memo Date:22 September 2014 To:Chief Executive Officer From:Robert Willison Subject:Constructive Discharge Background: A former employee has filed a complaint against the company, claiming a violation of the 1964 Civil Rights Act for constructive discharge. Findings: A. How is constructive discharge relevant to this case? The former employee is claiming constructive discharge as a result of the shift change recently implemented. The shift change to 4 12-hour shifts was perceived by the former employee as discrimination as some of the work days may fall on religious holy days. Constructive discharge is one of the discriminatory practices wherein an employee is forced to resign because of perceived intolerable work environment and courts generally agree to the employee if they determine that a reasonable person would also feel the same way if given the employee’s position (Dempsey, & Petsche, 2006). B. Relevant areas under Title VII of the 1964 Civil Rights Act. According to the Equal Employment Opportunity Commission (EEOC)“religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.” “Religious discrimination can also involve treating someone differently because...
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...Memo RE: Constructive Discharge _____________________________________________________________________________________ A. Constructive discharge was created to allow employees’ recourse if it is felt discrimination has taken place by the employer or another employee. To successfully establish this charge, the former employee must prove work conditions were discriminatory in nature. There are two general categories that could constitute constructive discharge. The first example is an intolerable condition within the physical environment or an objectionable assignment given to the employee. Second, unbearable conditions created by leadership or peers which would be described as offensive and/or demeaning in character. This would give the employee reasonable criteria for a case. Both instances can cause excessive stress and hardship which would make the average employee resign. In either example the employee resigning could be consider an informal firing. If the employee can prove the allegation is true and PlaynowToys did not correct the issue within 15 days of notice, unemployment benefits could be awarded. Constructive discharge may apply because PlaynowToys changed the requirements for employment as it relates to all employee’s work schedule. This change caused Ms. Smith distress because of her personal religious convictions. Ms. Smith became conflicted between continuing employment and following personal religious practices. PlaynowToys’ policy change can be viewed as...
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...Task #1 – JDT2 Memo to CEO To CEO: As you may be aware, the company is currently facing a lawsuit brought about by a former employee, Mr. X. He is claiming that under the Civil Rights Act of 1964, Title VII he has been a victim of “constructive discharge” since we have changed the company’s working schedule policy to a four day rotational shift. Constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay (Equal Employment Opportunity Commission, 2012)., is illegal according to U.S. law. Mr. X states that since we have gone to the four day rotational schedule, his religious beliefs are being infringed upon since he would have to work on his religious “holy day”. According to U.S. law, the company does have an obligation to accommodate Mr. X’s request. The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. (EEOC, 2012). I would like to make the following recommendations regarding this situation. First, deny any wrong doing based upon the following: 1. Mr. X neglected to notify anyone within the company of his religious status, in other words he did not establish one of the key components of prima facie (Leagle, n.d.). Had Mr. X made the company aware of his religious beliefs, it might have been possible to make allowable accommodations for him. 2. Mr. X was...
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...INTEROFFICE MEMO To: aaa, CEO From: bbb, Manager Date: 10/8/2011 Subject: Constructive discharge claim by former employee Under Title VII of the Civil Rights Act of 1964, a former employee is claiming “constructive discharge” for religious discrimination following his recent resignation. Constructive discharge means that the employer’s discriminatory practices made working conditions so intolerable that any reasonable person would have resigned (Equal Employment Opportunity Commission [EEOC], Prohibited Employment Policies/Practices). Title VII prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day (EEOC, Title VII of the Civil Rights Act of 1964). Since our company has more than 15 employees, we are legally required to abide by Title VII. Additionally, under Title VII, an employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer (EEOC, Religious Discrimination). The facts discovered to date are: 1. The former employee was a long term, valued, well liked, employee with a stellar performance reviews and employment record. 2. The resignation occurred after the new 7-day work schedule policy went into effect. 3. We can find no record of written or verbal communications between the former employee and any level of management and/or HR where the former...
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...MEMO To: Chief Executive Officer From: Elementary Division Manager Date: January 1, 2014 Subject: Former Employee, Constructive Discharge Claim Introduction Our attorney has notified me that a former employee has filed a claim against the company, citing Title VII of the Civil Rights Act of 1964, constructive discharge. Findings: A. Constructive Discharge Relevance During the first quarter of the New Year the company implemented a new production schedule as a result of company growth. Employees in the production group are now required to work 12-hour shifts, 4 days on and 4 days off. Because of this, some of the working days fell on the former- employee’s religious holy day. The employee in question quit shortly after the implementation of the new rule. The former employee has filed a constructive discharge claim because of the newly implemented rule. As part of my research, a constructive discharge claim occurs when an employee claims that their working conditions were so intolerable that he/she was forced to quit (Alexander Hamilton Institute, 2011). The plaintiff (our former employee) in this case will need to be able to show the Court that working conditions were not tolerable and forced him/her to resign their position on the production floor. In addition, the plaintiff will need to show prima facie evidence that the said discrimination actually occurred (legal-dictionary, 2014). In a case, Gregory Lawson vs. State of Washington 2002, it pointed out...
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