...Toy Company | To: | Chief Executive Officer | From: | | CC: | Company Attorney | Date: | 10/18/2014 | Re: | Constructive Discharge and Title VII | Comments: | This memo will explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as...
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...Employment & Legal Issues: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Western Governors University Internal Memorandum To: CEO, Toy Company From: Student Date: November 3, 2014 Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Constructive Discharge * A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation." (Jenkins V. State of Louisiana Department Of Corrections, 874 F2d 992 (5th Circuit 1989, June 7) bullet point 12) * A constructive discharge generally happens when an employer creates a working environment/conditions that are so unbearable for a reasonable employee that would result for that reasonable employee to resign. * At the start of the year, the company implemented a new production schedule policy that required all production employees to work 4, 12 hour shift with the following 4 days off Sunday through Saturday. The policy was implemented to accommodate the company’s growth and production needs and it was not based on race, color, religions, sex, or national origin etc. A former employee has filed a constructive discharge claim against the Toy Company, claiming that he/she was decimated against based on religion by forcing he/she to work on their religion holy days. The working conditions have not been made unbearable...
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...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...Sub: Employee’s claim of Constructive Discharge Constructive Discharge is any policy or enforcement that creates a working condition so intolerable that a reasonable person would be forced to resign from an organization. This is to bring it to your notice that former employee Mr. Red Onion has recently filed a lawsuit against our organization under the section Constructive Discharge of Title VII of the Civil Rights Act of 1964. The law in this section pertaining to the claim submitted by employee is that the working condition in the company was intolerable in the form of humiliation, discrimination and harassment to an extent that forced him to resign from our organization. Mr. Red Onion quoted saying that he quit after the new policy came into existence that required him to work on 12-hours shift on any four days in week that can potentially conflict the days that is reserved to perform his religious duties. This change has made the working condition intolerable for the employee and was forced to submit his resignation from the organization. Further, Title VII of the Civil Rights Act prohibits any employment discrimination based on color, religion, sex, nationality and protected activity. The resultant of such discharge is ideally staff quitting their job and become eligible make claims against the company. Solely with respect to religion, Title VII upholds religious duties and practices that are both theistic and as well as non-theistic in nature - “moral or...
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...JDT2 Task 2 A. Ways to address the situation One of the ways to succeed in business is to make sure customers are satisfied. In this case, If the contaminated metal whistle in the toy collection is sold to the elementary school without any corrections, an ethical issue of non-disclosure or health risk would arise. As a result, the company’s reputation and integrity would be ruined and can deter customers. To address the situation at hand, a few alternatives can be considered. The first alternative is to look for another manufacturer that can supply the toy collection for less than $100,000 and on time. The second alternative is to ask the elementary school if they would like a substitute for the whistle. Finally, the company can ship the toy collection without the whistle but give the school substantial discount on its purchase. In choosing alternatives, I first pinpointed the issues that I would like to handle. In this case, the problem was a contaminated whistle in a toy collection for an elementary school. The toy would be hazardous to the health of children due to the levels of lead present. I then decided on the types of outcome that I would like to see my decisions produce. I decided that I wanted all three alternatives to make both the company and its customer happy. Customer satisfaction is very crucial in this line of business because without customers, the business would not exist. Similarly, the company needs to make money to survive. Therefore, my...
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...To: CEO From: Date: 6/6/11 Re: Problem Regarding Whistles in the Toy Collection A1. To address the problem regarding the whistles, there are three possible decision alternatives: 1) Have the whistles tested by another lab to confirm the amount of lead in the whistles 2) Get the manufacturer involved and see if they will absorb the cost of reproducing the whistles 3) Send the shipment of the elementary toy collection without the whistles for now. A1a. Forming a distinctive faction of supervisors, we can review which alternatives satisfy the musts and which one satisfies the most wants and the issues at hand to devise possible resolutions. Brainstorming will allow participants in the group to provide different suggestions or ideas, thus creating more options. Once all views were presented, we then narrowed the alternatives to the top three with everyone’s agreement involved in the critical thinking process. (Explain the steps for decision making, 1999-2011) A1b. The benefits of the first alternative are having a second opinion. Whistles should not necessarily be discarded if after an additional test shows that the whistles do meet the legally acceptable limits of the lead in them. A disadvantage of the second opinion is the cost of having an additional test done to confirm the amount of lead in the whistles. Not only will it cost to have the test done, but to ship the whistles to the lab. The benefits of getting the manufacturer involved are taking the responsibility...
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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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...The New Metrics Analysis, Workforce Scorecard Zuhour Sarsour Globe University/Minnesota School of Business Masters Business Administration MG545, Human Capital Instructor: Holly Tapper, J.D., M.B.A October 13, 2012 Introduction The article, “The new metrics: how to develop your own workforce scorecard” clearly identifies an organizations need for a workforce scorecard. The article itemizes the process to create a workforce scorecard which is the measurement of intangible assets, specifically, human capital within an organization. The author was clear and concise in the presentation of the related concepts. Managerial Style of the Author My impression of the author’s presentation throughout the article was that he was easily understood. The author was very clear in introducing the reasons for the needs of scorecards. The author began the article by identifying the key reasons that scorecards are needed within an organization. He explained that scorecards contribute to the accuracy of a company’s Human Resource operational and cost efficient matters. The author goes on to clarify HR metrics and its importance on the execution of a business’s strategic goals as well as the CEO’s decision making. Strengths Throughout the article the author was clear. I felt that the author’s main strength was the way that he organized the article. The brief explanation of what a scorecard is and its functions gives the reader insight on the entire HR concept. He follows the explanation...
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...Human Resource Management Roles Sharon Lokomski HCS/341 8/29/2011 Mark Stricklett Human Resource Management Roles The human resource department plays a major rule in businesses. With the human resource department companies can run more smoothly so that different departments can be split up and have there own managers. There are two important roles for the human resource department which include strategic planning and functional support. The strategic planning is developing and counseling the orgainizations performance. There needs to be a good plan so the company will have its employee working together as a team and be able to have a manager for there department. The functional support is the legwork and tactical processes of the performance of the management system. With having these two in place the company could run properly and have a working environment. Some of the job descriptions of the human resouce department are to create jobs that could include the tasks, duties, and responsibilities for each employee of the company. This also has performance standards to define the different levels of work in the company. The human resource department has leadership training to have managers trained so they can train there employees on the jobs that they were hired for. The only way that the effectivness of the human resource department plays a part in how well the organization runs. With having different managers for the departments the employees could have...
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...Wal-Mart: Organization Paper The management function in an organization is usually related to effort, authority, and responsibilities of the management of that firm. Motivation of the workforce within these organizations handles the employees, and other personnel to work within a team environment. These teams will accomplish a goal; management must organize the employees into teams that have work that is related to the final goal. However, the development of an organization must include knowledge of the task, human resources, assets, and monetary allowances. The Wal-Mart organization is a force in the retail industry; there are over 7,000 stores around the country. These stores also include the Sam’s Club, Wal-Mart supercenters and warehouses in Canada and Mexico. Wal-Mart, when measured by its total revenue, is the largest retailer, that is measured by both net sales and income increases from its operating stores. Its primary products and service lines generally lie within the competition of its Discount and Variety Retail, as well as Electronics and Drug stores, Pharmacies, Appliances, and Gasoline sales (Hoovers, 2008). Physical Assets Wal-Mart includes physical assets within its organization that are developed in such a way that allows for utilizing efficient methods in order to manage these assets. Such factors of its environment are quite evident in one example, its retail prices. This is important because in essence, if Wal-Mart was less efficient...
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...innovation and technology. These outcomes will be met through a strategic framework with four broad themes: Inform, Attract, Develop and Retain. This same framework can be applied at a micro level by an employer or industry sector in developing a strategic workforce plan. This guide will take you through the steps of strategic workforce planning and illustrate how the BETW four-part framework can apply to your organization or company. What is Strategic Workforce Planning? Strategic Workforce Planning is a management process that is being increasingly used to plan for future labour needs, changes and challenges. It examines the current workforce and takes a strategic look at what the future workforce demands will be to develop a human resources plan of action. Strategic Workforce Planning involves identifying, assessing, developing and sustaining employee workforce skills required to successfully accomplish business goals and priorities while balancing the needs and expectations of employees....
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...Internal Risk Assessment Tina Sams MGT488 Sept.11, 2011 S. Jeannette Guignard Internal Risk Assessment Introduction Home Depot was founded in 1978 by two individuals and they are Bernice Marcus and Arthur Blank. The two wanted to change the way people thought and took care of their home and their gardens. They created the do it yourself concept and that way of thinking has caught on and has spawn across the globe. Home Depot headquarters are in Atlanta, Georgia. Today Home Depot is the largest home improvement retailers. It has over 2200 stores throughout the United States and that also includes Puerto Rico, U.S, Virgin Islands, Canada, Mexico and even China. Home Depot employs 317,000 individuals in all off the stores. Home Depot sells anything from carpenter needs, carpet, appliances and most everything that a person would need to complete their do it themselves projects. Strengths and Weakness The Home Depot stores has a variety of areas where their strengths and weaknesses are greatly measured and used to help make their business and their stores strive and be successful. The first area that is going to be mentioned is the stores. To begin the strengths of Home Depot it has to start will all of the employees. It also builds it strengths around their merchandise that they carry. They want to make sure that they have everything that a do it yourself person to do their construction that they need to do. Projects are what people want to do to make the necessary...
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...2009 Suparn Sharma, Jyoty Sharma, Arti Devi 205 CORPORATE SOCIAL RESPONSIBILITY: THE KEY ROLE OF HUMAN RESOURCE MANAGEMENT Suparn Sharma (PhD),Joity Sharma (PhD), Arti Devi Abstract Business organizations have waked up to the need for being committed towards Corporate Social Responsibility. But still majority have just been taking up some form of philanthropic activities for its stakeholders. Nurturing a strong corporate culture which emphasizes Corporate Social Responsibility (CSR) values and competencies is required to achieve the synergistic benefits. The employees of an organization occupy a central place in developing such a culture which underlines CSR values and competencies. The present study, therefore, is an attempt to explore the engagement of human resource management professionals in undertaking Corporate Social Responsibility. It also suggests Human Resource Management to take a leading role in encouraging CSR activities at all levels. The combined impact of CSR and human resource activities, which reinforce desirable behavior, can make a major contribution in creating long term success in organizations. Sharma S., Sharma J. and Devi A. - Corporate Social Responsibility: The Key Role of Human Resource Management 206 Business Intelligence Journal January Introducción Business houses, right from the inception of human race, have been regarded as constructive partners in the communities in which they operate. Though they have been instrumental...
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...Task Statements: Human Resource Receptionist Student Name | Sheila Humphrey | What action is being performed (verb) | To whom/what is the action directed (receiver of the verb) | How is the action performed (procedure, tools, equipment) | Why is action performed (purpose) | Disseminate mail | Incoming mail | Recieve delivery from Mail room | Disburse mail to the appropriate employees | Schedule appointments | Schedule appointments for employees and new hires | Schedule appointments in outlook | Schedule meeting for staff and new hires. | Corresponding | Incoming inquires | Use of word and excel | Initiate responses to incoming inquiries | Answer Phones | Incoming calls | Switchboard | Forward to appropriate employee | Greeting | Incoming clients/employees | Front desk | To ensure hospitality at the front desk | Filing | Employee files and incoming correspondence | Files/filing system | The ability to file and retrieve files as needed in current filing system. | | | | | | | | | | | | | | | | | Task Statements 1 | Receive and disburse incoming mail to the appropriate employees. | 2 | Schedule appointments for employees and new hires | 3 | Correspond with the income inquires | 4 | Answering the phones and directing calls to the appropriate employee. | 5 | Receive incoming person with hospitality | 6 | File personal files and incoming correspondence | 7 | | 8 | | KSA Statements: Human Resource Receptionist Student...
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...assistance and aid. The country Kava, not only has potential and opportunity, but also has great resources. Kava provides goods and services that have a huge impact on people and businesses all over the world. Chris Morales, who is the founder and Chief Executive Officer at the Department of Human Services, is aware of the importance and significance of these resources and considers it his duty as well as the duty of the employees at the Department of Human Services to contribute to the growth and stability of Kavas economy. The Department of Human Services plans to preserve and protect Kavas valuable resources by establishing a greater presence in Kava and giving back to the country and all of its population who have helped Kava. The Department of Human Services plans to aid in cleaning up and restoring Kava on its way to recovery. It is the job of the director of strategic planning at the Department of Human Services to help this country recover so it can have continuous growth and success. The goal of the Department of Human Services is to protect the health of the needy as well as to provided essential human services, especially for the people who are the least able to help themselves. We at the Department of Human Services would like to help Kava recover from the disasters it has faced and to help Kava overcome any challenges that it presently has. The Department of Human Services will accomplish this by addressing all of the issues in the business scenario, the forces...
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