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Constructive Discharge
As per your request I have completed the investigation regarding the claim of constructive discharge brought against the company by a former employee. Title VII of the Civil Rights Act of 1964 was created to protect against discrimination of an employee based on race, religion, sex, or national origin. As part of my investigation I reviewed legal references pertinent to this case.
The company made a policy change to work schedules at the beginning of the new year. This new policy change requires employees to work 12 hour shifts with rotating four day on and four days off. This requires employees to be available for work Sunday through Saturday. Prior to the policy change production employees worked Monday through Friday. The employee is alleging discrimination of his religion based on the new policy requiring him to work on a religious holy day.
Constructive Discharge occurs when an employer forces an employee to resign by making the work conditions and environment so intolerable that the employee feels there is no other resolution. In this case the employer was not even aware of the employee’s dissatisfaction of the new policy and that it was affecting the employees religious holy day. The company would not be able to reasonably accommodate the employee without putting undue hardship on the company.
Title VII
Title VII Civil Rights Act of 1964 regulates the practices of employee discrimination and stipulates the term Constructive Discharge. Although there are several factors that go into making a case of Constructive Discharge most of the cases involve some level of harassment from the employer. June 2004 the United States Supreme Court addressed in Pennsylvania State Police v. Suders the issue of burden of proof in constructive discharge cases under Title VII of the Civil Rights
February 11, 2014
2
Act of 1964. The Supreme Court

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