INTEROFFICE MEMORANDUM
TO: FORD FAIRLANE
CEO, TOY COMPANY
FROM:
DIV. MANAGER, ELEMENTARY TOYS
SUBJECT: RESPONSE TO SHIFT POLICY CHANGES
DATE: MAY 15, 2014

Constructive Discharge
With the recent changes to the new shift work policy, some employees have expressed the sentiment that the new policy would preclude them from observing their holy days or Sabbath. In particular this change has elicited some unfavorable perceptions of the company as practicing discrimination by forcing employees to work on the Sabbath. The change in policy, which was necessary to promote company growth, simply changes the production schedule from five 8 hour shifts Monday through Friday, to four consecutive 12 hour shifts Monday through Sunday with four days at work and then four days off. However the days can occur any day of the week.
However, one employee has taken the steps to file a claim under Title VII of the Civil Rights Act of 1964, constructive discharge. The constructive discharge claim, is that the company created a discriminatory work environment that essentially forced the employee to seek termination. Legally, Constructive Discharge is defined as “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” (Finnegan, 1986).
The interpretation of discrimination in a constructive discharge claim is fairly rigidly described by the circuit courts, even with minor differences. But most courts seem to remain settled upon evidence of an "'aggravated situation' beyond 'ordinary discrimination' “(Finnegan, 1986). It is probably safe to say, relevant to the situation with this former employee, that a reasonable person would not conclude that even ordinary discrimination took place by the policy, let alone an