Re: Constructive Discharge Claim – John Doe

Scenario:
A former employee, John Doe, 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.

Findings:
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.

A. Explain how constructive discharge as a legal concept is relevant to the scenario.
The EEOC defines constructive discharge as “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). In other words, by making the workplace hostile or making slight changes to the workplace specifically to make it intolerable, or to attempt to force the employee to resign.
In this case, the employee resigned his position, alleging he had no choice as the change in schedule violated his religious beliefs, as it required him to work on religious days.
B. Discuss a protected category, under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario.
Title VII of the Civil Rights Act of 1964 (Title VII) … prohibits employment discrimination based on race, color, religion, sex, or national origin (Federal