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memorandum for executive offfice to: | CEO of ABC Toy’s | from: | Brandon Pope (Division Manager) | subject: | Religious discrimination claim | date: | April 19, 2014 | | |
Religious Discrimination Claim: The ABC Toy’s lawyer recently notified me in regards to a past employee who put forth an alleged claim against our toy company, utilizing Title VII of the Civil Rights Act of 1964. The former employee is also saying that constructive discharge has taken place, stating that he was forced to leave the company due to his religious beliefs. From this point forward I will provide adequate information from multiple sources in efforts to make educated recommendations to ABC Toy’s.
A. Constructive discharge.
As of January 1, ABC Toy’s implemented an updated work schedule to assist with the company growth in efforts to meet the consumer demands. ABC Toy’s required employees to work a rotating schedule that included 12 hours of work time daily, but only 48 hours a week. Those 48 hours may be scheduled any day of the week, Monday through Sunday. This policy was put in effect for the production staff, requiring all production staff members to work this rotating shift, and consequently some of those rotating days happened to be a day of religion for the disgruntled former employee. The former employee resigned, shortly, after the work schedule was put in place. As a result of this schedule change the former employee is alleging that constructive discharge took place at ABC Toy’s. Constructive discharge was put in place by the NLRB (National Labor Relations Board), and states the following; “The NLRB held that an employer ran afoul of the Act not only when it directly fired an employee in contravention of the Act, but also when it purposefully made conditions on the job so intolerable that the employee had no meaningful choice but to quit. Thus, under

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