...HR Task 1 Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must be determined: -Evidence of intolerable working conditions are present, therefore a practical employee is forced to resign. - Evidence of the employee notifying the employer the intent to resign because of intolerable working conditions and the employer is unresponsive to the employee’s concern. - Evidence of improper conduct, including violent, sexual or discriminatory harassment by the employer. - Evidence of independent contract changes by the employer, which include pay cuts, hour changes, delayed wages, refusal of holidays and suspension without pay. Constructive discharge as a legal concept is relevant to the case of the former employee filing a claim against the company under the Title VII of the Civil Rights Act of 1964. This former employee filed a claim against the company for the reason of the alleged enforcement to the company’s new shift policy. B. There are several areas mentioned in Title VII of the Civil Rights Act of 1964, which pertain to this scenario. Under Unlawful Employment Practices, SEC. 2000e-2...
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...Human Resources Task I Western Governors University May 19, 2014 2 A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand. B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate 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” (SEC. 2000e-2, 2014). C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge. 1. Discuss how three chosen legal references support your recommendation. a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in the scenario the entire production...
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...Memorandum concerning alleged religious discrimination Religious discrimination is similar to all discrimination and yet completely different. Discrimination is broadly defined by giving preferential treatment or undue hardship on another person due to their religion, physical impairment, race, marital status, ethnic back ground or a number of other reasons. Religious discrimination is more difficult to access by appearance than say physical impairment. A person in a wheel chair or with a foreign accent is easy to distinguish as in a protected class. Religious beliefs are the individual’s beliefs and it is only the individual that knows this belief. This fact puts more burden of evidence on the plaintiff. This is a choice that the individual is allowed to change at any given moment. We must allow these choices to be made and accommodate but we must be made aware of the conflict. Religious discrimination is the lowest of all EEOC claims but this number has doubled in recent years (EEOC compliance Manual, 2008). It is obvious by the rapid increase in claims that a potential for unseen lawsuits may be developing within our organization without our deliberate attempt or without our knowledge. During World War II, the United States confined thousands of US citizens of Japanese descent. Currently, the climate in our country is one of discontent with those of Muslim backgrounds or appearing of Arab descent. This fear by outsiders of those cultures stems...
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...To: CEO From: Stephany Dotson Subject: Title VII Civil Rights Act of 1967, Constructive Discharge Claims Date: 08/19/2014 A former employee has filed a claim against our company under Title VII of the Civil Rights Act of 1964, constructive discharge. Constructive discharge in the eyes of the court is when an employer makes the working environment intolerable, the employee then quits because of the intolerable work environment (http://business.laws.com/sexual-harassment/civil-rights-act-of-1964). The former employee is claiming that because of the policy change in work schedules for the production members he was forced to quit because of discrimination to his religious practices that we are requiring him to work on their religious holy day. The former employee did indeed quit shortly after the policy change and he was not fired. Our response to this current situation, with this former employee, is we can offer the employee his position back with our company with the requested holy days off and floating days for his religious holidays. His requests do not put a strain on our company and should be granted based off the Title VII of the civil Rights Act of 1964. As shown below similar court cases have established what an employer must do in a religious discrimination case. As stated in Title VII of the Civil Rights Act of 1964 “Employers generally should not refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that...
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...Date: 06/01/2013 In response to your request regarding the H.R. problem that recently occurred, I have researched the specific issue and believe we should take the following action in order to keep legal costs down. The employee that was involved in this incident is trying to claim that he is a victim of constructive discharge under Title VII of the Civil Rights Act of 1964. As a legal concept, constructive discharge is relevant in this scenario since our employee resigned because he felt that we, as an employer, created a policy that affected his religious life and forced him to quit. The California Supreme Court states, “In order to establish a constructive discharge, the employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign” (Turner V. Anheuser 1994). Title VII of the Civil Rights Act of 1964 “prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin” (Find US Law, 1964). Because our organization consists of more than fifteen employees, we fall under this title and specifically in regards to religion in this situation. The EEOC, The Equal Employment Opportunity Commission, enforces Title VII and...
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...Act of 1964. The claim the former employee is bringing up is “constructive discharge” due to religious discrimination against the employees. The company has had to change the scheduling system of our production team to include weekend work. The new schedule was implemented the beginning of the calendar year. The company moved to a 12 hour shift schedule were each employee works 4 days on and 4 days off. The plant is working 7 days a week. This would mean that periodically the employee would have to work on Sunday. Sunday being the religious holiday the former employer is claiming the company is violating. I will be providing you will my finding and recommendations in the following memo. The area of the Civil Rights Act, Title VII 1 and 2 that is being used in this claim is the employer prevented the former employee from his religious holiday. An employer is not allowed to discriminate against an employee due to their religious practices or beliefs. Discrimination against religion is considered a protected class under the Civil Rights Act. The former employee believes that she was targeted by the company and was constructively discharged. Constructive discharge means that the employee, working in a hostile environment, such as an environment which was discriminating against her, was forced to resign. It was the Courts, not Congress that first crafted the constructive discharge concept to prevent an employer from "doing constructively what the act prohibits his doing...
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...To: The CEO Re: Former Employee Complaint- CONSTRUCTIVE DISCHARGE A. In this case the employee has filed a claim alleging constructive discharge due to a work policy change. The company has enforced a new policy which requires the entire production staff to work a rotating shift consisting of four 12-hour, followed by four days off. In this employee’s case would cause him to in some instances work on a holy day. The employee quit after the policy change took effect, he is alleging that the policy is discriminatory. The employee is challenging the rules covered under the religion aspect of the Title VII policy guidance, by claiming “constructive discharge”. A constructive discharge results when “the working conditions are so intolerable that a reasonable person in the employee’s position would feel compelled to resign.” (www.eeoc.gov). Constructive discharge is a relevant legal concept in this case, as the claim is alleging the employee was given no other option but to resign, in order to observe his religious practices. B. The Civil Rights Act of 1964, Title VII was created to protect certain groups of people from employment discrimination. Some of these protected groups include but are not limited to age, disability, race/color, religion and sex. In this case the employee is alleging that the company’s new policy on shift work is discriminatory under his Title VII religious rights, because it would require he work on a holy day. A lot of times, constructive discharge...
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...2009, stating that she was coerced into resignation shortly after MTC enforced the new production shift policy in January 2009, which included rotating weekend shifts (Saturday and Sunday). Sendak bases her claim upon the position [that] as a Seventh Day Adventist, Saturdays are considered “religious holy days” and the enforcement of such a policy by MTC subjected her to religious discrimination. Applicable Legal Principles to the Claim After consultation with MTC’s Human Resources and Legal Counsel, the following Equal Employment Opportunity Commission legal and regulatory requirements have been cited as applicable to the claim: 1. Under Title VII, it is unlawful for employers to discriminate against an applicant or employee (or former employee), based upon that person’s “race, color, religion, sex or national origin or protected activity”. 1 2. “Religious discrimination involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs”2 or practices, where the person’s moral or ethical beliefs influences their ideals (principles of right and wrong), which may be upheld by traditional views.3 3. In order to remain in compliance with the laws enforced by the EEOC, it is the employer’s responsibility to “reasonably accommodate the religious practices of the employee...
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...Western Governors University MBA / Human Resources – JDT2 – Task 1 MEMO TO: Arnita Hudson, CEO FROM: Heather Barth, Elementary Division Manager DATE: March 6, 2014 RE: Title VII Claim A) After implementing the new 12-hour / 4-day production shift policy, an employee quit and filed a constructive discharge claim with the EEOC. Constructive discharge is an illegal discriminatory practice in which an employee is forced to resign because of an alleged unbearable work environment. Constructive discharge as a legal concept is relevant to our situation in that an employee has quit, alleging religious discrimination. There are legal arguments that must be proven by the accuser in order for a constructive discharge charge to be upheld. “To constitute a constructive discharge, the employer must deliberately create intolerable working conditions, as perceived by a reasonable person, with the intention of forcing the employee to quit and the employee must actually quit.“ (MOORE v. KUKA WELDING SYSTEMS, 1998) The burden lies on the employee, who must establish that working conditions were so difficult that they were obliged to resign because of a 1) discriminatory reason or 2) reason contrary to a well-defined civic policy such as Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits an employer from refusing to hire, from firing, or discriminating against a worker in any way based on race, color, religion, sex, or national origin. (National...
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...Mr. Jones, As you are aware, a former employee has filed a claim with the Equal Employment Opportunity Commission (EEOC) against Toy Box Industries (TBI) 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 days off. The four workdays can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members had no change in their schedule and continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. As requested, I have done some initial research into how the company should respond to the employee’s claim. Constructive Discharge Constructive discharge is a legal term that references a situation in which an employee feels “no other choice” but to resign their position due to alleged intolerable working conditions such as workplace harassment or discrimination as defined under Title VII of the Civil Rights Act of 1964. Two Supreme Court cases in 1998 provided some guidance regarding...
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...contains 55 tasks. Cash Flow This cash flow report indicates the baseline plan for spending on labor resources. Task Usage This task usage report depicts the number of hours, start times, and finish times for each task (and for each resource assigned to the task). • • • Inventory tasks are front-loaded to have the task complete as soon as possible. Report times are back-loaded to plan the time for the report to be completed and ensure availability of resources. Due to resource leveling with a resource constraint, some tasks are started, then paused, then finished at a later date to ensure that the project is not delayed by a second task to which the resource is assigned. Table 1: Resource Usage for Each Work Package and Task Task Number 1 2 Task Name Computer inventory and requirements Inventory computers in use by new telecommuters Elizabeth Marcel Determine requirements to use current computers Marcel Identify computers for upgrade Marcel Determine requirements for technology Elizabeth Clemencia Report outcomes for inventory and requirements Elizabeth Marcel Clemencia Technical support Determine technical support needed Hugh Jackson Identify staff requirements Hugh Jackson Report technical support needs and staff requirements Hugh Jackson Computing support Identify required computer support relative to inventory Kimberly Lianne Identify staff requirements Hugh Lianne Work 340 hrs 140 hrs 70 hrs 70 hrs 60 hrs 60 hrs 40 hrs 40 hrs 60 hrs 40 hrs 20 hrs 40 hrs 11.43...
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...Project Management Project CMGT/410 Kudler Fine Food Implementation Project Introduction Kudler Fine Foods is a privately owned California-based gourmet food store founded in 1998 by Kathy Kudler. Kudler Fine Foods has three stores in La Jolla, Del Mar, and El Encinitas, California. KFF offers high-end products and markets them in upscale neighborhoods. KFF has expressed an interest in the development of an Enterprise Resource Planning (ERP) system to improve business administration and integrate stores and business systems. The desired results from a successful implementation of the ERP: devising more informed decision-making strategies, streamlining sales and business processes across the three stores and integration all functional business systems for effective business management. This document serves as a project plan to define necessary information and detail for the development and implementation of the Kudler Fine Foods ERP system in reference to Service Request SR-kf-004. Background and Statement of Need Kudler Fine Foods is a specialty food store that currently has three locations in the San Diego metropolitan area. The stores stock specialty foods that are both domestic and imported and are also perishable. The owner is in the process of opening two additional stores as well as developing a website that consumers would be able to make purchases and the stores would be able to track inventory and stock as well. In addition...
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...The impact of information technology on the HR function transformation By Yu Long 0123404 Graduation Committee: First supervisor: Dr. T. Bondarouk Course coordinator: Pro. Dr. J. K. Looise Master Thesis, Business Administration HRM University of Twente March, 2009 Preface This master thesis concludes my life as a student, which is performed under the supervision of Twente University in the Netherlands. The research is the terminal of the program Human Resource Management. Doing this research not only improves my skill on literature searching, information analysis, but helps me to gain more profound knowledge about e-HR. During the research, I have got great support from several persons, and now, here is the opportunity to thank them. At first, I give special thanks to Jiajie Li, my boyfriend. He accompanies with me during the whole research period. Besides dealing with my impatient and anxious attitude, he also put great effort on improving my thesis. His optimistic and serious attitude influences me, and makes me continue the research with better and better results every time. His support is very meaningful for my research period. Secondly, I would like to thank Ms. Tanya Bondarouk, and Prof. Jan Kees Looise for their excellent support, feedback and guidance. Both of them give me fruitful advice on how to improve my work. And they always give me timely feedback on my work, which encourages and makes me belief that I can hand in a satisfactory report under the effort...
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...yDylan Dissanayake Student ID : 15223568 Session 1 : Earth Buddy 10/01/12 Q1. How many Earth Buddies can Ben count on producing in one shift? How many if the factory works 2 shifts? Three shifts? How many if it operates three shifts a day, seven days a week? Which operation is the bottleneck? TASK | TIME | NUMBER OF OPERATORS | a.BUDDIES/HR | b.BUDDIES/SHIFT | c.BUDDIES/ "2" SHIFTS | d.BUDDIES/ "3" SHIFTS | e.BUDDIES/ "3" SHIFTS - 7 DAYS | FILLING | 1.5 | 6 | 240 | 1680 | 3360 | 5040 | 35280 | MOULDING | 1.6 | 3 | 225 | 1575 | 3150 | 4725 | 33075 | EYES | 1.2 | 2 | 300 | 2100 | 4200 | 6300 | 44100 | EYE GLASS | 1.2 | 1 | 300 | 2100 | 4200 | 6300 | 44100 | PAINTING | 1.5 | 1 | 240 | 1680 | 3360 | 5040 | 35280 | PACKING | 1.98 | 2 | 363 | 2541 | 5082 | 7623 | 53361 | a. Buddies/hr = 60minutes x Operators time/task b. Buddies/shift = 60minutes x Operators x Productive hrs time/task c. Buddies/ 2 shifts = 60minutes x Operators x Productive hrs x No. Of Shifts time/task d. Buddies/ 3 shifts = 60minutes x Operators x Productive hrs x No. Of Shifts time/task e. Buddies/ 3 shifts = 60minutes x Operators x Productive hrs x No. Of Shifts x Days 7 Days time/task Bottleneck = Lowest output (Moulding) Theoretical Capacity/hr = Operators x 60min ...
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...are being made within organizations to change the way their human resource (HR) departments function. Advances in technology have caused HR departments to function in new ways; organizations are making a conscious move away from the administrative aspects of HRM. Instead, organizations are now looking at their HR managers and staff to provide information of a strategic nature. While this is not an easy process, it is one that organizations are committed. To stay competitive, organizations are reevaluating all aspects of their businesses. HR teams are now created to help in business matters; they are being used to further the business nature of the organization. In this paper, the new direction human resource management is headed will be presented. Also investigated will be the history of HR management, the ways human resource staff can stay relevant to organizations and the ultimate end state for HR. Introduction The business world is changing. The recent trend in globalization means competition is no longer local. Competitors can come from anywhere, and thanks to the internet, they do not even need to be constructed of brick and mortar. These changes require organizations to save money wherever they can if they wish to stay competitive. One of the ways organizations are saving money is by outsourcing much of their human resource requirements. By outsourcing portions of their HR responsibilities, organizations can save money by reducing staff and focusing...
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