RJDT Task 1
Mary Bristol
Western Governors University
A. Constructive Discharge
In constructive discharge an employee resigns when they have been subjected to unlawful discrimination. The employee in this case was employed before the change in policy in shift work. Before the policy change, the production shifts were Monday to Friday. With the new policy the production team works a rotating shift schedule where at times the schedule rotates to work on Saturday and Sunday. The policy then discriminates against this employee because he is required to work on a religious holy day. The other issue at hand is that there are positions with the office staff that continue to work Monday to Friday. The production staff is being singled out to change their shift work when others still maintain the Monday to Friday schedule. This is intolerable to the employee since they do have the right to not be discriminated on basis of religion. Not everyone in the company has had their schedule changed and due to the change the employee left the company right after the change in policy.
B. Title VII
The Civil Rights Act of 1964 Title VII provides guidance to the definition of discrimination. The Act provides protection for employees from unlawful employment practices. One of these is the discrimination on basis of race, color, religion, sex or national origin. In this case the employee is being forced to work on their religious holy day. The other case here has to do with singling out a particular job class for change in shift policy. The production team is the only team to change their shift schedule to work on weekends while the office staff maintains their schedule of Monday to Friday employment. Here the employee is not only discriminated on religion but is also segregated by the job classification to change their shift schedule.
C. Company