...JDT2 Task 1 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 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. 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. In order to keep legal costs down...
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...JDT2 Task 1 Rhonda Bushkin Western Governors University | ABC Toy Company | Memo To: | The CEO | From: | Rhonda Bushkin - Manager, Elementary Division | cc: | Legal Department | Date: | September 28, 2014 | Re: | Employee X’s Constructive Discharge Claim | | | Background: It is Employee X’s claim that their religious rights were violated under the Civil Rights Act of 1964; specifically under Title VII that prohibits employment discrimination on basis of race, color, religion, sex, or national origin. Findings: A. How is constructive discharge as a legal concept relevant to the scenario? "Constructive discharge" occurs when an employer makes the conditions of work so intolerable that the employee "quits." (lawmemo.com, 2005) In other words, the employee feels that if they do not resign, they will be fired. Employee X is claiming their civil rights have been violated under Title VII of the Civil Rights Act of 1964, when the company implemented a new shift policy. The policy that took effect at the beginning of the year, requires all production employees to work four 12-hour shifts in a row and then take four days off. These days can occur any day of the week, Sunday through Saturday. Employee X is stating that this new policy is discriminatory because the policy requires employees to work on a religious holiday. In order for constructive discharge to be used in a court of law there must be a feeling by the employee that their termination...
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...interoffice memorandum to: | Richey Richman, CEO | from: | Elementary division manager | subject: | employee’s claim of constructive discharge | date: | June 10, 2013 | | | Constructive discharge is when an employee feels he or she has been forced to resign or quit their job because the employer has made their working conditions intolerable to a point that any reasonable person would have also resign or quit. The employee does not have to explain why they were forced to quit or resign. In cases where religion is sited, he or she may think, or feel, they must quit or resign because of a conflict with their religious beliefs, and being able to perform their job to managements expected levels. Title VII of the Civil Rights Act of 1964, volume 42 U.S.C. § 2000e-2(a) (1); states in pertinent part: (a) Employer practices It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or This section of the US code prohibits discrimination against a person based on their religious beliefs and/or convictions. Also, Title VII requires an employer to provide reasonable accommodation for an employee's religious practices and observances, unless doing so would cause an undue hardship to the employer....
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...Memo I am bringing to your attention a problem we have encountered with one of the elementary toy collection products. A metal whistle that’s in the collection did not pass testing due to small traces of lead. We can handle this problem in one of three ways. One of the options is to remake the product and repackage it taking the $100k loss it will take to reproduce and repackage it. Another is to remake and repackage the whistle and give it to the customer at a reduced cost than originally agreed upon. Lastly, to reproduce and package the product, then raise the price to cover at least half of the added cost. I came upon the three possible solutions by using the model 3 theories in the course of study. First question I asked myself when deciding each alternative was what goals or other results do I want for all three decisions? The answer was to make a responsible and ethical decision, reduce cost and make the customer happy. I then gave thought to my options, which are: 1) Remake the product and repackage it taking the 100k loss 2) Remake the product and repackage it and give it to the customer at a reduced price 3) Remake the product and repackage it and give it to the customer at a higher price For each decision I thought about the advantages and disadvantages. The advantages of the first decision to remake and repackage the product and taking a $100l loss, demonstrate that we are a company with good business ethics. Regardless of weather the product may have...
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...Memo To: CEO Toy Company From: Troy Ziegler (Student ID 000300080) Date: July 17, 2014 Subject: Responding to employee claim of constructive discharge under Title VII of the Civil Rights Act of 1964 A.Constructive discharge, as a legal concept, must first be explained. This legal concept states that even though an employee resigned voluntarily, they were forced to do so by a work environment that was so intolerable a reasonable person would also not be able to continue working for a company (Prohibited Employment Policies/Practices, 2014). Basically, this legal concept was enacted to protect employees from discrimination in the workplace. Although the employee quit voluntarily, this concept provides that they may still be entitled to the same benefits (such as unemployment insurance or severance pay,) as someone who was terminated or laid off. Whether or not the resigned employee would receive this financial compensation is up to the court system. The reason this concept is relevant to the employee in question is because of a religious practice. The new work schedule at the toy company uses shifts that rotate throughout the week and conflict with the resigned employee's holy day. The employee thus believes that under Title VII of the Civil Rights Act, his religious beliefs have been discriminated against, giving him claim to constructive discharge. B.Title VII of the Civil Rights Act prohibits discrimination of an employee based on race, color, religion, sex, and...
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...RE: Mr. John Doe’s Willful Termination on December 12, 2011 Executive Summary Based on the facts of the case, I believe we are not liable in the discrimination suit brought by Mr. Doe. Constructive Discharge Constructive discharge is defined as “if an employer's discriminatory acts result in working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign.” (Finnegan, 1986) Courts generally follow one of two “litmus” tests to determine if a person who willfully terminated their employment was constructively discharged and should receive compensation as a result of the termination. In 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.” (Finnegan, 1986) The minority view is that the complainant “must show not only that conditions were intolerable, but also that the employer created those conditions with the specific intent of forcing them to resign.” (Finnegan, 1986) Mr. Doe is a member if the production staff. The company changed the production staff’s working hours to a rolling 12 hour shift four days a week that could occur on any day of the week. If the company’s intent was to get Mr. Doe or anyone on production staff to resign by changing the production staff’s hours, it is possible that the actions of the company could be considered a constructive...
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...Toy Company | To: | CEO | From: | Andrew Gibbs | CC: | | Date: | 10/4/2013 | Re: | Title VII Claim | Comments: | | Task A: The legal concept of constructive discharge can be defined as willful termination of employment by an employee due to intolerable working conditions. Whether those conditions are created by the employer, or merely allowed to exist at the workplace. The concept continues that any reasonable person would feel the same way if in the same position (Justia.com, n.d.). Essentially, the employee quits because they perceive the working environment to be intolerable. Constructive discharge applies to several different forms of discrimination under Title VII of the Civil Rights Act of 1964. In this case, the former employee is charging that the toy company violated their religious beliefs by forcing them to work on a holy day. Initially, the toy companies schedule for production staff was 8 a.m. to 5 p.m., Monday through Friday. Recently, due to company growth, the toy company has changed the production staff schedule to rotating 12-hour shifts, working four days on and four days off. This change in schedule would require that staff, normally accustomed to a Monday through Friday routine, would need to adapt to a new schedule that would require them to work Saturday and Sunday from time to time. The facts presented in the scenario state that the former employee quit after the policy change. Further, the employee alleges that the new...
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...Memorandum To: Christopher Cringle, CEO CC: Edgar Tuttle, Attorney From: VJB, Elementary Division Manager Date: [ 9/4/2014 ] Re: Title VII / Constructive Discharge Discrimination Claim Mr. Cringle, Per your request, I have completed my research on the discrimination claim filed against Happy Tot Toy Company by a former employee. The employee is claiming constructive discharge under Title VII of the Civil Rights Act of 1964, Title VII of the Civil Rights Act prohibits workplace discrimination against any person(s) on the basis of their religious beliefs, ethical background, color, gender, or national origin. With regards to religious beliefs, it requires that an employer make reasonable accommodations for an employee’s or prospective employee’s sincerely held religious beliefs unless it places an undue hardship on the company. (EEOC2). For the former employee to use constructive discharge as a legal concept to this case, the employee must prove that the company “intentionally made work conditions so intolerable” (Moore) that only one course of action was left for any reasonable person: resignation. Not allowing the employee the necessary time off for observation of his/her holy day would constitute, in this case, the intolerable act. Constructive discharge is relevant to this case if the employee can show three things. First, the revised work schedule interfered with the employee’s religious beliefs by not allowing them the necessary time off to...
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...RE: Lead Elements in “True Heroes” Police Action Figure A. Lead Contamination – Problem and Solutions Upon recent inspection of the “True Heroes” line of action figures, our quality assurance team detected lead elements in the whistle of the police action figure. According to their testing, the lead content is above that which has been identified as a legally acceptable limit for children age 7 and under in the U.S. We are in the process of fulfilling a 6 unit order set to ship out this week to schools in South America. It has been estimated that the cost to reproduce the product and repack the product will be close to $100,000. After studying the situation and the facts, I have come up with three possible solutions to the issue at hand. The first possible solution is to ship this batch of products out as is to our South American clients. While the lead content of the products doesn't meet the acceptable levels for U.S. children, the products destination has different quality standards which the product does meet. We can also reduce costs and limit our liability by labeling the package as “Not Intended for Children under 7 Years of Age.” While a cost effective option, one major issue with this approach is that the company will still maintain a certain level of liability should the product sicken a child who comes into contact with the whistle portion of the toy. Because we are a U.S. based company, it is possible charges could be filed against the company in the U.S. by...
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...JDT Task 3 (1113) value: 0.00 value: 1.00 value: 2.00 value: 3.00 value: 4.00 Score/Level Articulation of Response (clarity, organization, mechanics) The candidate provides unsatisfactory articulation of response. The candidate provides weak articulation of response. The candidate provides limited articulation of response. The candidate provides adequate articulation of response. The candidate provides substantial articulation of response. A1. Benefits The candidate does not present the positive results expected from a well-prepared and well-delivered performance appraisal. The candidate presents, with no detail, the positive results expected from a well-prepared and well-delivered performance appraisal. The candidate presents, with limited detail, the positive results expected from a well-prepared and well-delivered performance appraisal. The candidate presents, with adequate detail, the positive results expected from a well-prepared and well-delivered performance appraisal. The candidate presents, with substantial detail, the positive results expected from a well-prepared and well-delivered performance appraisal. A2. Preappraisal Activities The candidate does not provide an appropriate recommendation of preappraisal activities that ensure the performance appraisal process is beneficial to the employee and the company. The candidate provides an appropriate recommendation, with no support, of preappraisal activities that ensure the performance appraisal...
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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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...MEMORANDUM TO: FROM: DATE: SUBJECT: Chief Executive Officer, Toy Company Manager, Toy Company October 14, 2012 Constructive Discharge Claim Per your request, I am providing the following initial research into the recent claim of employment discrimination by a former employee. I provide background on the legal framework on which this employee’s charges are based including how “constructive discharge” and Title VII of the Civil Rights Act are pertinent to this case. I then make my recommendation on how to proceed with this case and close with recommendations on how our company can avoid similar legal issues around Title VII in the future. Constructive Discharge The former employee has filed a claim of constructive discharge linked to a new work schedule that our company implemented due to recent growth. This work schedule requires the employee to work on his or her religious holy day approximately four weeks in a row every other month. An employee can legally claim constructive discharge if he or she was forced to resign because the employer made the work environment intolerable (Dempsey & Petsche, 2006). In the case before us, our former employee is stating the new work schedule forced him or her to work on religious holy days and, therefore, is religious discrimination and made it impossible for him or her to continue to work at the company. To move forward with a case of constructive discharge, an employee must first establish a prima facie case by proving that: (1) he or...
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...JDT2-Report Strategies Based on the recent discovery, analysis and recommendation we made in regards to lead levels in whistles in the package of toys meant for distribution to our customers it has come to my attention that we need some ways of increasing the chances that the employees of our company and ultimately our company itself follow our code of conduct. It has been discussed that “Key “ethics-related actions” (ERAs) observed in organizations with strong ethical cultures include (1) management communicating ethics as a priority, (2) management setting a good example of ethical conduct,(3) coworkers considering ethics when making decisions, and (4) coworkers talking about ethics in the work they do.”1 I truly believe this to be the case. The question is how do we go about this? Once a code of conduct has been determined and needs to be implemented I would follow the following set of strategies to make it permeate the company culture. “Dissemination, training, continuous employee engagement, effectiveness monitoring and feedback solicitation”1 are the tools or strategies that I recommend. Dissemination is simply making sure that all employees are exposed to the code of conduct. The ideal way to implement this is to have classes focused on the different employee groups to be able to train the code of conduct at an appropriate level for each group, answer questions and get a sign off that the employees were indeed trained in the code of conduct. During the dissemination...
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...toy company interoffice memorandum to: | Ceo of toy company | from: | elementary division manager | subject: | review of constructive discharge allegations | date: | May 1, 2014 | cc: | toy company attorney | | | A. Constructive Discharge as a Legal Concept Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of race, color, religion, sex and national origin. When an employer engages in practices that create a hostile work environment for any of these protected groups, making conditions so intolerable that an employee feels compelled to resign, it is known as constructive discharge Former employee Andy Anderson now alleges that our company engaged in religious discrimination when our production schedule changes went into effect at the first of the year. The changes required all production employees to occasionally work on a religious holy day, and Mr. Anderson has submitted a constructive discharge claim with the U.S. Equal Employment Opportunity Commission (EEOC). According to an article in the University of Chicago Law Review, courts generally apply two tests when deciding if constructive discharge has occurred. The first is the reasonable person test, meaning that the working conditions are so intolerable that a reasonable person would conclude that resigning is the only recourse. The second is the specific intent test. The plaintiff must show that the employer “created those conditions with the specific...
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...A. Constructive Discharge In this instance, the claimant is citing Title VII of the Civil Rights Act of 1964, constructive discharge. According to this doctrine, the claimant must prove, beyond a reasonable doubt, the actions of the employer resulted in working conditions so intolerable that a reasonable person in the employees position would feel compelled to resign. Additionally, the plaintiff is required to show that the working conditions were created with the specific intent to cause the employee to resign. The claimant believes that the change in work shift schedules created working conditions so intolerable that they were compelled to resign. The claimant also believes it was the specific intent of the Company to force this employee to resign. B. Title VII Title VII of the Civil Right Act of 1964 prevents an employer from considering a person’s race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information when making employment decisions. In order to claim Constructive Discharge, it must first be determined that the Civil Rights Act of 1964 was actually violated. In this situation, the claimant believes they were forced to resign on the grounds of religious discrimination; because the new work schedule required employees to work on a holy day. Title VII requires employees to reasonably accommodate the religious belief of an employee, unless doing so would impose an undue hardship such as significant difficulty...
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