...Task #1 – JDT2 Memo to CEO To CEO: As you may be aware, the company is currently facing a lawsuit brought about by a former employee, Mr. X. He is claiming that under the Civil Rights Act of 1964, Title VII he has been a victim of “constructive discharge” since we have changed the company’s working schedule policy to a four day rotational shift. Constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay (Equal Employment Opportunity Commission, 2012)., is illegal according to U.S. law. Mr. X states that since we have gone to the four day rotational schedule, his religious beliefs are being infringed upon since he would have to work on his religious “holy day”. According to U.S. law, the company does have an obligation to accommodate Mr. X’s request. The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. (EEOC, 2012). I would like to make the following recommendations regarding this situation. First, deny any wrong doing based upon the following: 1. Mr. X neglected to notify anyone within the company of his religious status, in other words he did not establish one of the key components of prima facie (Leagle, n.d.). Had Mr. X made the company aware of his religious beliefs, it might have been possible to make allowable accommodations for him. 2. Mr. X was...
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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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...JDT2 HR task 2 On 6/4, the quality assurance department identified a problem during routine testing. The problem is with one of the toys included in our ‘Bean Sprouts’ toy collection. The metal whistle from the collection contains small traces of lead and as a result, did not pass testing. As you are well aware, the primary market for the Bean Sprouts line is elementary schools. The test results show that the amount of lead included in the whistles was slightly above the U.S. legally acceptable limits for children ages 7 and younger. A large shipment of the Bean Sprouts toy collection is scheduled to be shipped to schools in South America at the end of this week so that the toys will be on site before the beginning of the new school year. Calculations of the logistics department show that the approximate cost to reproduce the product and repackage the toy collections is $100,000. In response to your memo dated 6/5, I present you the following report. The report will outline 3 possible scenarios of how to address the situation regarding the whistles. I will explain the process/ method that I used for selecting each of the scenarios. I will also discuss the advantages and disadvantages of the respective scenarios, as well as the financial, legal, and ethical considerations of the scenarios. I will conclude with my recommendation on which scenario we should follow and give you the arguments why. The core of the problem that we are dealing with is that we owe the customer but...
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...Human Resources JDT2- Task 1 Sandra Emeott 4/18/2011 Introduction: Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected. Scenario: During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a case 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. 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...
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