...1. Constructive Discharge In response to the following legal action of former employee, Mr. Ed Hewhoshallnotbenamed, claim that Toymart is not incompliance with the Title VII of the Civil Rights Act of 1964 in regards to Constructive Discharge. Constructive Discharge is the theory that if an employee resigns from any company it shall be treated as if they were terminated. (McGehee & McGehee Palmer Rivers, 2012) This theory works off the basis that an employee resigns due to working conditions being so unbearable that they felt there was no other option but to resign from alleged company. With this being said, if the allegations are true and the working conditions are what the employee believes them to be, even if the employee has already resigned, they still have the right to sue. Mr. Hewhoshallnotbenamed believes his case is founded after a new company policy had taken effect in regards to schedule change that would require him to work on Sundays which would potentially cause a conflict of interest as he considers it a religious holy day. Due to this new policy, Mr. Hewhoshallnotbenamed felt that the working conditions were unbearable and felt there was no other option but to resign. 2. Title VII Title VII of the Civil Rights Act of 1964, according to the EEOC, is a law that that forbids discrimination because of an individual’s race, color, religion, sex, or natural origin. (U.S. Equal Employment Opportunity Commission, 2014) In this claim against the company, we are...
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...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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