...(JDT) Task 1 September 6, 2014 JDT2 Task 1 To: CEO From: Elementary Division Manager Date: September 6, 2014 Subject: Response to Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case of the employee who filed a claim, the work hours were changed to 12-hour shifts, with four days on and then four days off. The four workdays can occur any of the days of the week. The former employee claimed that the workday could be on a religious holy day. In this case, there is cause to claim constructive discharge. The work hours changed significantly from when the employee was hired. To determine whether constructive discharge was used in this employee’s resignation, there are two tests. First, a reasonable person in the employee’s position would find the working conditions intolerable, and second, the employer created an offensive work environment with the intent to force the employee to quit (Constructive Discharge, 2014). B. Title VII: Section703 of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gomez et al, p. 92). Protected class theory states that...
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...Memorandum To: CEO From: Insert Name Date: Re: Constructive Discharge Claim I was notified by the corporate attorney about a former employee filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the position we as a company need to take. How is constructive discharge relevant as a legal concept to the current scenario? At the beginning of this year the company implemented a new work shift policy to keep up with the growth of the organization. The policy requires that employee’s in the production group work 12 hour shifts with 4 days on then 4 days off in a rotating manner. This means that at times some employee’s will be working on a religious holy day. The former employee is claiming constructive discharge as the reason for his leaving the company. Constructive discharge is a discriminatory practice where an employee is forced to resign because of a perceived intolerable work environment. The court system generally agree with the employee if it is determined that a reasonable person would feel the same way if in the same position (Dempsey & Petsche, 2006). The courts also will usually require that the employee show that the intolerable working condition with the intent of forcing the resignation was deliberate (Dempsey & Petsche, 2006). Also our former employee, the plaintiff, must show prima facie evidence that such discrimination has occurred (Gomez-Mejia, Balkin...
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