...| 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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...Toy Company | To: | CEO | | | CC: | Human Resources Manager | Date: | 7/15/2014 | Re: | Constructive Discharge Claim | The Toy Company’s Attorney and the Human Resources Director is investigating an employee complaint of Constructive Discharge Claim to the Title VII of the Civil Rights Act of 1964. In order to control cost we are doing an initial response on how should the Human Resources and the Company’s Attorney should respond to the employees claim. A. Constructive Discharge How constructive discharge is relevant to this case? An employee filed a claim against the toy company under the Title VII of the Civil Rights Act of 1964 of Constructive Discharge. The employee was not happy about the change in the work schedule, which requires him to work on his religious holiday. The Toy Company existing work shift policy is starting 8:00 am to 5:00 pm, Monday through Friday. However, the new work policy for the beginning of the year would be a 12-hour shift from Monday through Sunday. According to USLegal.com, "Constructive Discharge is when working conditions are as intolerable as to amount to firing, despite the lack of a formal termination notice. (USLEGAL, 2001-2014)” The employee strongly felt that the new work policy would be very unpleasant or the conditions to work on his religious day would be unworkable, so he quit his job. B. Title VII According to the U.S Equal Employment Opportunity Commission, the definition of Title VII of the Civil Rights...
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...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 employer liability and defense for Title VII claims, but failed to address the issue of constructive discharge and the employer’s ability to defend themselves...
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...Human Resources: Constructive Discharge* February 10, 2012 Memorandum # 1 From: Manager, Elementary Division To: The CEO Subject: Former Employee's Constructive Discharge Claim ______________________________________________________________________ Background: Our company attorney notified me about a former employee who filed a claim against the company citing Title VII of the Civil Rights Act of 1964 for constructive discharge. Findings: A. How is constructive discharge as a legal concept relevant to the scenario? At the beginning of the New Year, we implemented a new shift policy to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days of work then 4 days off in a rotating shift, which means some of those working days fall into the employee’s religious holy day. The former employee quit after the implementation. This former employee is claiming a constructive discharge. 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 same way if given the employee’s position (Dempsey, & Petsche, 2006). Also, courts usually require that the employee must show that the intolerable working condition with the intent of...
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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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...(JDT) Task 1 September 6, 2014 JDT2 Task 1 To: CEO From: Elementary Division Manager Date: September 6, 2014 Subject: Response to Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case of the employee who filed a claim, the work hours were changed to 12-hour shifts, with four days on and then four days off. The four workdays can occur any of the days of the week. The former employee claimed that the workday could be on a religious holy day. In this case, there is cause to claim constructive discharge. The work hours changed significantly from when the employee was hired. To determine whether constructive discharge was used in this employee’s resignation, there are two tests. First, a reasonable person in the employee’s position would find the working conditions intolerable, and second, the employer created an offensive work environment with the intent to force the employee to quit (Constructive Discharge, 2014). B. Title VII: Section703 of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gomez et al, p. 92). Protected class theory states that...
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...Human Resources, Task1, Constructive discharge A constructive discharge occurs when an employee is legally justified in claiming that he was compelled to resign because the employer has made working conditions intolerable (By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).In this situation, an employee resigns because the employer was unresponsive to a harassment complaint. Complaint is about policy requires employees to work on a religious holy day .In this scenario Discrimination is harassment on the basis of religion. Employees with written contracts of employment have been more successful in proving constructive discharge when their employers unilaterally change the nature of their jobs(By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).If the employee has job agreement and description and that description includes work time then employer changed this work time and employee quit his job because of this reason that can cause employee sue the company. In order to prevent this kind of situation, employer should talk with employee about changing time shift or give permission to him during religious holyday. When employer hire their employee, he should come with agreement and job description otherwise this will cause problem every time. Human resource must make strong decision about their rules. May be source of problem is something else but employee approach the situation with discrimination. One of the possible thing is employee has part...
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...The Alright Toy Company | To: | CEO | From: CC: | John Mason | Date: | 11/4/2014 | Re: | Civil Rights Act of 1964, Title VII, Employee Case Filing | Comments: | To follow is information regarding Constructive Discharge, relevant to the updated production scheduling, and resolution for the charge of constructive discharge as brought forth by a previous employee. Constructive Discharge occurs when an employee resigns because the behavior of the employer or surroundings is intolerable and life has become difficult leaving the employee with only one choice – resigning (www.uslegal.com, 2014). The company may be held liable for this employee’s need to resign based on constructive discharge because of the production schedule change; however, the employee has not provided enough evidence to substantiate his claim based on religious needs. The presumption that this employee and others practice any form of religion devotedly does not carry the weight of the argument. Constructive discharge is relevant to the given scenario. This decision is based on the understanding that an employer cannot require an employee to work during a scheduled time to practice his or her religion. Therefore, with production hours changed requiring all production employees to work four days at 12 hours per day then having the next four days off, rotating, will cause employees to work each day, Monday through Sunday, at some point. This work schedule may interfere with religious worship...
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...Human Resources Task 1: Memorandum to Chief Executive Officer WGU Toy Company Western Governors University In partial fulfillment of the requirements of Human Resources JDT2 Memorandum to Chief Executive Officer WGU Toy Company TO: WGU Toy Company, Chief Executive Officer FROM: Elementary Division Manager DATE: June 18, 2013 SUBJECT: Constructive Discharge Claim As a result of a work schedule policy change at WGU Toy Company, a constructive discharge was filed under Title VII of the Civil Rights Act of 1964 related to religious discrimination by a former employee. This is due to a policy change that required toy company employees to work rotating shifts to accommodate the demands of production. In this former employee’s claim, rotation would fall on a religious holy day. The rotating schedule change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment Opportunity...
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...Former employee claims constructive discharge under Title VII of The Civil Rights Act of 1964 Dear Mr. Richardson, I would like to present you important facts as a result of my research found regarding Title VII of the Civil Rights Act of 1964. The plaintiff’s arguments are irrelevant and do not justify his claim against Toys Are Fun. The claim filled out by our former employee using the Title VII of the Civil Rights Act of 1964 to justify constructive discharge, which is generally applied when conditions of the work environment are intolerable and the employer does not offer the employee another alternative than to ask for termination. Constructive discharge is also one of the hardest cases to prove since plaintiffs need to meet certain requirements to prove they were victims of constructive discharge; abrupt termination is not acceptable proof since the employee is required to give the employer a reasonable chance to resolve the issue. In the last few years, Toys Are Fun has had tremendous growth, which forced the company incorporate changes in its production scheduling department in order to meet the demand of market changes that include working during holidays and weekends. The former employee resigned from his job for not being able to work during a scheduled holiday. Toys Are Fun did not have a chance to discuss the issue with employee and for this reason accommodation such as shift swaps and make-up hours, were never offered. Constructive discharge for religious reasons...
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...has filed suit against All About Toys claiming constructive discharge and that All About Toys allegedly violated Title VII of the Civil Rights Act of 1964. To summarize the plaintiff’s concern, the production staff’s shift matrix was redesigned as a means of accommodating recent company growth. All staff members were included in this restructure that altered the days/shifts from the prior Monday through Friday model previously in use. The fundamental claim is that due to the inherent modification of the work schedule and the inclusion of an employee observed holy day, the employee could no longer meet the staffing expectation and deemed it necessary to resign based on perceived discrimination. This memo shall serve to illustrate the employee’s allegations as well as interpret our risk and recommended course of action. Constructive Discharge Definition: A discriminatory constructive discharge occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person in the aggrieved person's position would feel compelled to resign. In other words, the aggrieved person is essentially forced to resign under circumstances where the resignation is tantamount to the employer's termination or discharge of the employee. (Appendix C EEO-MD-110. (2012). Retrieved from http://www.eeoc.gov/federal/directives/md110/appendixc.html) Constructive discharge may be inclusive of many concerns including...
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...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...
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...To: John Smith, CEO From: Date: 06-Apr-12 Re: Response to Claim of Constructive Discharge by former employee Julie Jones Message A. Constructive Discharge and Relevance Due to the expanding growth of the company, new work schedules were implemented and took effect at the start of the new year. The work schedule policy changed the work week scheduling from Monday through Friday, to the new 12-hour rotating shift Monday through Sunday. A claim of constructive discharge has recently been filed against the company by a former employee, Julie Jones. She has filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that discrimination against her occurred by requiring employees to work on a religious holy day. While looking at the claim of constructive discharge, there are two main components to look at. The first is whether the change in work schedule caused any other employee in the production team where she was working to feel compelled to resign. The second is that not only would any other employee in production feel compelled to resign, but also that the intent to change the work schedule was to force Julie Jone’s resignation (Finnegan, 1986, p. 563-566). B. Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits employers from making decisions in employment based on race, color, sex, religion, or national origin. When it comes to religious beliefs, “the law requires an employer or other...
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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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...Subject:Human Resources,Task1, Constructive discharge A constructive discharge occurs when an employee is legally justified in claiming that he was compelled to resign because the employer has made working conditions intolerable (By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).In this situation, an employee resigns because the employer was unresponsive to a harassment complaint. Complaint is about policy requires employees to work on a religious holy day .In this scenario Discrimination is harassment on the basis of religion. Employees with written contracts of employment have been more successful in proving constructive discharge when their employers unilaterally change the nature of their jobs(By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).If the employee has job agreement and description and that description includes work time then employer changed this work time and employee quit his job because of this reason that can cause employee sue the company. In order to prevent this kind of situation, employer should talk with employee about changing time shift or give permission to him during religious holyday. When employer hire their employee, he should come with agreement and job description otherwise this will cause problem every time. Human resource must make strong decision about their rules. May be source of problem is something else but employee approach the situation with discrimination. One of the possible thing is employee has...
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