Jdt2 - Hr Task 1

In: Business and Management

Submitted By raregem
Words 1722
Pages 7
To: The CEO
Re: Former Employee Complaint- CONSTRUCTIVE DISCHARGE

A. In this case the employee has filed a claim alleging constructive discharge due to a work policy change. The company has enforced a new policy which requires the entire production staff to work a rotating shift consisting of four 12-hour, followed by four days off. In this employee’s case would cause him to in some instances work on a holy day. The employee quit after the policy change took effect, he is alleging that the policy is discriminatory.

The employee is challenging the rules covered under the religion aspect of the Title VII policy guidance, by claiming “constructive discharge”. A constructive discharge results when “the working conditions are so intolerable that a reasonable person in the employee’s position would feel compelled to resign.” (www.eeoc.gov). Constructive discharge is a relevant legal concept in this case, as the claim is alleging the employee was given no other option but to resign, in order to observe his religious practices.

B. The Civil Rights Act of 1964, Title VII was created to protect certain groups of people from employment discrimination. Some of these protected groups include but are not limited to age, disability, race/color, religion and sex. In this case the employee is alleging that the company’s new policy on shift work is discriminatory under his Title VII religious rights, because it would require he work on a holy day. A lot of times, constructive discharge claims occur when an employer does not accommodate a request by an employee and the employee quits.
Title VII requires an employer must attempt to accommodate if and when possible stating:
“once notified that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless…...

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