Best Toy Ever Company

Mr. Charles Smith CEO

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Dear Charles, My findings for the claim filed against Best Toy Every Company in regards to changing the work schedule policy is as follows: A. Constructive Discharge: 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. (eeoc.gov) As a company we need to ensure that all accommodations were made to the employee before the employee decided to resign. Options that could have been extended to the employee would have been: a possible transfer to the “office” department- to keep current schedule; possibility of trading shifts with other employees to cover the holy day. The current information known about this employee, I do not believe that constructive discharge took place. The option to quit the current position was not forced, but elected by the individual. More details would be needed to confirm, but from the summary about the previous employee, it does not mention that the company did not attempt to work the former employee to keep them employed. Employees need to understand that different items (including productions schedules) change from time to time with the markets demand. The employees need to have a sense of flexibility (when proper notification, accommodations and time are used properly) with management, assuming they making changes to make the company more profitable. B. RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in