INTEROFFICE MEMO

To: aaa, CEO
From: bbb, Manager
Date: 10/8/2011
Subject: Constructive discharge claim by former employee

Under Title VII of the Civil Rights Act of 1964, a former employee is claiming “constructive discharge” for religious discrimination following his recent resignation. Constructive discharge means that the employer’s discriminatory practices made working conditions so intolerable that any reasonable person would have resigned (Equal Employment Opportunity Commission [EEOC], Prohibited Employment Policies/Practices).

Title VII prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day (EEOC, Title VII of the Civil Rights Act of 1964). Since our company has more than 15 employees, we are legally required to abide by Title VII. Additionally, under Title VII, an employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer (EEOC, Religious Discrimination).

The facts discovered to date are:

1. The former employee was a long term, valued, well liked, employee with a stellar performance reviews and employment record.
2. The resignation occurred after the new 7-day work schedule policy went into effect.
3. We can find no record of written or verbal communications between the former employee and any level of management and/or HR where the former employee:
a. Made management and/or HR aware that he considers the new policy to be religiously discriminatory because it will require him to periodically work on Sundays, which he considers a holy day and actively observes.
b. Requested management and/or HR to provide accommodations so that that his work schedule never include Sundays.

RECOMMENDATIONS:

A. Former employee’s claim of