Employment & Legal Issues: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Western Governors University Internal Memorandum To: CEO, Toy Company From: Student Date: November 3, 2014 Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Constructive Discharge * A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee
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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
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toy company, utilizing Title VII of the Civil Rights Act of 1964. The former employee is also saying that constructive discharge has taken place, stating that he was forced to leave the company due to his religious beliefs. From this point forward I will provide adequate information from multiple sources in efforts to make educated recommendations to ABC Toy’s. A. Constructive discharge. As of January 1, ABC Toy’s implemented an updated work schedule to assist with the company growth in efforts
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MEMORANDUM TO: FROM: DATE: SUBJECT: Chief Executive Officer, Toy Company Manager, Toy Company October 14, 2012 Constructive Discharge Claim Per your request, I am providing the following initial research into the recent claim of employment discrimination by a former employee. I provide background on the legal framework on which this employee’s charges are based including how “constructive discharge” and Title VII of the Civil Rights Act are pertinent to this case. I then make my recommendation on how
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From: Lauren Hutcheson Date: 10 January 2014 Re: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim As you have requested, an investigation was conducted regarding a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. Research and review of case law has generated the following summation and recommendations. Constructive Discharge and Title VII In the beginning of this year, and due to the continuing growth and expansion of this
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Manager Re: Constructive Discharge November 15, 2012 This memo is in response to a claim made against our organization by a former employee. The claim alleges that an employee was compelled to resign their position because of a discriminatory policy requiring employees to work rotating weekend shifts to include religious holy days. The company attorney has notified me that that the claim is against the company under Title VII of the Civil Rights Act of 1964, Constructive Discharge, after a work
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RE: Mr. John Doe’s Willful Termination on December 12, 2011 Executive Summary Based on the facts of the case, I believe we are not liable in the discrimination suit brought by Mr. Doe. Constructive Discharge Constructive discharge is defined as “if an employer's discriminatory acts result in working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign.” (Finnegan, 1986) Courts generally follow one of two “litmus” tests to determine if
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Christopher Cringle, CEO CC: Edgar Tuttle, Attorney From: VJB, Elementary Division Manager Date: [ 9/4/2014 ] Re: Title VII / Constructive Discharge Discrimination Claim Mr. Cringle, Per your request, I have completed my research on the discrimination claim filed against Happy Tot Toy Company by a former employee. The employee is claiming constructive discharge under Title VII of the Civil Rights Act of 1964, Title VII of the Civil Rights Act prohibits workplace discrimination against any
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Re: Constructive Discharge Claim – John Doe Scenario: A former employee, John Doe, 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
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and four days off. He states this violates his religious beliefs of not working on Sunday. His resignation may eventually be construed as constructive discharge and may require attention as once. Due to the claim Bob Jones filed, we need to understand how constructive discharge is relevant. In Mourad v. Automobile Club Ins Ass’n, constructive discharge is the act of making working conditions intolerable forcing an employee to resign. Mr. Jones was unable to work on Sundays for the new rotation
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