...In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand. B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer 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” (SEC. 2000e-2, 2014). C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge. 1. Discuss how three chosen legal references support your recommendation. a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in the scenario the entire production staff was mandated to this new schedule at the beginning of the year. There is no proof of discrimination of race, color, religion, sex or national origin because entire production staff was changed to four 12-hour shifts on a rotating schedule. 3 b. “Prima facie evidences in cases of religious discrimination usually include, first, the plaintiff...
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...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. Findings: 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. A. Explain how constructive discharge as a legal concept is relevant to the scenario. The EEOC defines constructive discharge as “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). In other words, by making the workplace hostile or making slight changes to the workplace specifically to make it intolerable, or to attempt to force the employee to resign. In this case, the employee resigned his position, alleging he had no choice as the change in schedule violated his religious beliefs, as it required him to work on religious days. B. Discuss a protected category...
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...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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...become increasingly unbearable, atrocious, or has made the employees experience with the organization so trying that the employee has no other choice but to resign and leave the organization. Under the law this type of resignation is not truly voluntary so it is viewed as a termination. The given scenario is relevant to the legal concept of constructive discharge because it paints the picture of an ex-employee who resigned due to a new company policy change that would require employees to work on a religious holy day. The new policy requires all shift-work employees to work 12-hour shifts with four days at work and then four days off. The four required work days can occur on any day of the week, Monday through Sunday. B. Title VII: The candidate provides a logical discussion, with sufficient detail, of a protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario. The law, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the sole foundation of the person’s particular race, their color, their preference on religion, their national origin, or whether they are male or female. The protected category “Duty to Accommodate an Employees Religion”, under the Title VII of the Civil Rights Act of 1964 is actually relevant to the given scenario. The protected category discusses that an...
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...______________ To: CEO, Toy Company From: Elementary Division Manager Subject: Employee Claim of Constructive Discharge Date: September 16, 2014 As you have previously been informed, the company is currently facing a lawsuit filed by a former employee. This employee is claiming Constructive Discharge under Title VII of the Civil Rights Act of 1964 due to the recent changes in the company’s working schedule policy. At the beginning of the year the company changed the working schedule policy to accommodate the growth of the company. This new schedule requires all production employees to work the following rotating shift schedule: 12-hour shifts, four days on, four days off with the working days occurring any day of the week, Monday through Sunday. However, the working schedule for the office staff remained Monday through Friday, 8 am to 5 pm. All production employees used to work 8-hour shifts, Monday through Friday. The former employee, who voluntarily quit after the changes took effect, is claiming that the company “forced” him to quit because the new working schedule would require him to work on a religious holy day. A constructive discharge claim can only be established if there is either evidence of intolerable working conditions that would compel an employee to quit, or evidence of outrageous conduct by the employer, such as sexual assault or violent threats towards the employee. If the employee believes that working conditions are intolerable then...
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...Attorney and the Human Resources Director is investigating an employee complaint of Constructive Discharge Claim to the Title VII of the Civil Rights Act of 1964. In order to control cost we are doing an initial response on how should the Human Resources and the Company’s Attorney should respond to the employees claim. A. Constructive Discharge How constructive discharge is relevant to this case? An employee filed a claim against the toy company under the Title VII of the Civil Rights Act of 1964 of Constructive Discharge. The employee was not happy about the change in the work schedule, which requires him to work on his religious holiday. The Toy Company existing work shift policy is starting 8:00 am to 5:00 pm, Monday through Friday. However, the new work policy for the beginning of the year would be a 12-hour shift from Monday through Sunday. According to USLegal.com, "Constructive Discharge is when working conditions are as intolerable as to amount to firing, despite the lack of a formal termination notice. (USLEGAL, 2001-2014)” The employee strongly felt that the new work policy would be very unpleasant or the conditions to work on his religious day would be unworkable, so he quit his job. B. Title VII According to the U.S Equal Employment Opportunity Commission, the definition of Title VII of the Civil Rights Act. “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against...
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...working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies for ” Reasonable Accommodation & Religion” and 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, 2009). However we do not have to accommodate the religious employees beliefs because it would be difficult and cause significant expense on our operations. We could...
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...physician if there is any other medication in the system that is not a good interaction with the new medication. A pharmacist must now offer all patients a consultation regarding their new or old medications. When hiring any employee, it is not legal to ask them their religious beliefs therefore, one cannot know if prescribing a certain type of medication would be against those beliefs. As a CEO, she would have to come up with an alternative plan for dispensing these medications. The CEO would need to meet with the affected parties. In a small hospital, this would be any other pharmacists, director of nursing and possible other pharmacists in the community. This would need to be a confidential meeting. The pharmacist that is refusing to give certain medications due to religious reasons does not need to vilified due to religious beliefs in the community. A plan can be discussed with alternative schedules and the ability to have an on call pharmacist to fill the need if a prescription is needing to be filled. Identify at least two applicable laws that impact this situation and describe the steps you would take as CEO to resolve this dilemma. Discuss your final decision. The Access to Legal...
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...Name: Allison Melbert Class Time: M, W, F 1-1:50 Identifying Data Specific Purpose: To inform my audience about Epperson vs. Arkansas court case dealing with the religious schooling taught in public schools. Central Idea: The Supreme Court case between Epperson and Arkansas deals with the problem of whether it’s ok or not to teach the Evolution theory to children in the state of Arkansas. Type of Speech: Supreme Court Organizational Pattern: Event Introduction: Attention Getter: How many people were taught the Theory of Evolution in a high school class? Thesis: In this speech I will present the facts of the court, the religious views of Evolution, both sides of this argument, including Susan Epperson’s side and Arkansas State’s side, and the judicial decision. Preview Statement: In this speech I will present the facts of the court, with both sides of the argument, and the judicial decision. (Trans: I will begin today by presenting how the theory of evolution contradicts religion). Body: I. In the case of Epperson vs. Arkansas, the driving force behind the ban of the theory of evolution were moral views. A. The population of Arkansas in the 1960’s was made up of rural traditional families with conservative views. 1. The conservative views were mainly affiliate with religious beliefs. 2. The driving force behind the outlaw of the teaching of evolution was the fact that evolution, “contradicts a literal interpretation of the first chapter of Genesis...
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...working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies for ” Reasonable Accommodation & Religion” and 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, 2009). However we do not have to accommodate the religious employees beliefs because it would be difficult and cause significant expense on our operations. We could...
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...Diego Salinas, Matt Hammer, and Daniel Mishkin Facts The First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.” Numerous cases discuss whether corporations have First Amendment rights, however only few cases discuss whether the Free Exercise Clause of the First Amendment applies to corporations. In Central Hudson v. PSC (1980) and Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that the First Amendment protects corporations’ commercial speech and political speech, respectively. In Santa Clara Company v. Southern Pacific Railroad (1886) the court ruled that the equal protection clause of the Fourteenth Amendment applies to corporations. The issue of whether the Affordable Care Act violates individuals’ rights to Free Exercise of Religion has also been a hotly debated topic. The Supreme Court Case Church of the Lukumi Babalu Aye v. Hialeah (1993) discussed whether the government can give ordinances that violate an individual’s right to Free Exercise. The Supreme Court Case Shervert v. Verner (1963) showed that a company cannot not provide an employee with compensation benefits if it interferes with the employee’s right to Free Exercise. Issue Should corporations receive...
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...Employment Law Compliance Plan HRM 531 May 5, 2014 Maria Ziegler ATWOOD AND ALLEN CONSULTING Memorandum Date: May 5, 2014 From: Michelle Kenny Human Resource Specialist Subject: Leadership Strategies for New Team To: Bradley Stonefield Owner, Landslide Limousines The purpose of this memorandum is to present to you the employment law compliance plan on how to legally open up your limousine service in Austin, Texas. Based on my extensive research on employment laws in Texas, I am confident that if you follow these employments laws your business will be a successful. I conducted a thorough analysis of four employment laws which I will be discussing in detail; in addition I will present to you the consequences of noncompliance with these four employment laws. The specific employment laws that I will discuss which are imperative to hiring new employees are the Title VII of the Civil Rights Act of 1964, the Americans Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Texas Commission on Human Rights Act (TCHRA). Next, I will cover the employment laws connected with the application process and interview questions. Under this section we will discuss the Equal Opportunity Commission (EEOC), negligent hiring, and the Immigration Reform and Control Act. In addition to these laws I will be...
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...company by a former employee, Julie Jones. She has filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that discrimination against her occurred by requiring employees to work on a religious holy day. While looking at the claim of constructive discharge, there are two main components to look at. The first is whether the change in work schedule caused any other employee in the production team where she was working to feel compelled to resign. The second is that not only would any other employee in production feel compelled to resign, but also that the intent to change the work schedule was to force Julie Jone’s resignation (Finnegan, 1986, p. 563-566). B. Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits employers from making decisions in employment based on race, color, sex, religion, or national origin. When it comes to religious beliefs, “the law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business” (Religious Discrimination & Reasonable Accommodation, 2012). If an employee requests accommodations due to a religious conflict with work scheduling, the employer is required to make adjustments for...
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...Week three assignment one Title : Employment at Will Doctrine Professor : Marlene Armstrong Course Title : Law, Ethics and Corporate Governance Date : 01/23/2013 Question 1. Skills, Competence, and Abilities First of all employment at will refers to the right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee (Halbert & Ingulli 2012, pg49).Employers have power to dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong. Each company has qualifications for each position and I believe when Jennifer was selected and interviewed for the position; her skills met the job requirements. As a manager, I would first go through Jennifer’s resume and check if she actually was qualified for the job, compare Jennifer’s resume to other coworkers that may hold similar positions, and then look at the interview questions and how she performed. I would want to know if Jennifer was asked about using technology and if she seemed comfortable using computers at school in completing her course work. From the initial problem description, something does appear to be wrong. The computer applications that are needed to perform Jennifer’s job are stated to be basic and Jennifer seems to have had the proper training. A few months of training and support would seem to be adequate...
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...Week three assignment one Title : Employment at Will Doctrine Professor : Marlene Armstrong Course Title : Law, Ethics and Corporate Governance Date : 01/23/2013 Question 1. Skills, Competence, and Abilities First of all employment at will refers to the right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee (Halbert & Ingulli 2012, pg49).Employers have power to dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong. Each company has qualifications for each position and I believe when Jennifer was selected and interviewed for the position; her skills met the job requirements. As a manager, I would first go through Jennifer’s resume and check if she actually was qualified for the job, compare Jennifer’s resume to other coworkers that may hold similar positions, and then look at the interview questions and how she performed. I would want to know if Jennifer was asked about using technology and if she seemed comfortable using computers at school in completing her course work. From the initial problem description, something does appear to be wrong. The computer applications that are needed to perform Jennifer’s job are stated to be basic and Jennifer seems to have had the proper training. A few months of training and support would seem to be adequate...
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