In accordance with BrainMass rules this is not a completion of assignment but only background help:
FROM: Elementary Division Manager,
TO: CEO
DATE: July 06, 2011.
SUBJECT: Claims of constructive discharge:
The reason why this memo is being written is that a former employee has filed a case under against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, on the charges that the company requires its workers to work on religious holidays. The reason for this charge is the introduction of 12-hour shifts with four days at work. These four days can start any day of the week. This rotating shift is the reason for the case against the company (Sullivan, & Craig. C, 2008).
Constructive discharge is a legal term which means that employees resign because their employer's behavior has become so monstrous or made the life so difficult for the employees that they may consider themselves to be fired. The employee must prove that behavior of the employer was unlawful or a breach of contract. The fact that the employee left after the new policy came into force and that according to the employee it infringed on his religious rights is the basis of his claims for constructive discharge.
According to the Title VII of the Civil Rights Act of 1964, employers are prohibited from discrimination in employment based on race, color, religion, sex, and national origin. Under this law denying a reasonable accommodation of an employee's sincerely held religious beliefs or practices, if an accommodation will not impose more than a diminished cost or burden on business operation is discrimination. So, imposition of compulsory 12-hour shifts requiring work on any day of the week has been construed to be religious discrimination under Title VII of the Civil Rights Act of 1964(Perritt. H, 2006).
There are three recommendations that would help alleviate