Claim Of Constructive Discharge: Case Study
Western Governors University
October 13, 2013
TO: Bob Smith, Chief Executive Officer
FROM: Division Manager
DATE: October 13, 2013
SUBJECT: Claim of Constructive Discharge under the Title VII Civil Rights Act of 1964
A constructive discharge arises when a wage earner maintains the organization forced him/her to step down because working environments were made unbearable. The claim of constructive discharge under the Title VII Civil Rights Act of 1964 by Mr. X, is unjustified. The employee notifying the company that he was upset with the scheduling change in the production area never filed a complaint. Furthermore, Mr. X did not allow the organization the opportunity to respond to the claim. Thus, the organization was not aware the production schedule change created an unbearable working environment.
Production schedules were changed within the company due to experienced growth. All production employees were required to work four …show more content…
X that we are willing to work with him to find an acceptable solution and to inform him we are aware of the Code of Federal Regulations (Guidelines on discrimination because of religion, 2009). Several accommodations could be discussed if he would come back to work for the organization, such as, voluntary shift substitutions or flexible scheduling. The organization will need to clear with Mr. X that every effort will be made to resolve the situation.
Finally, yearly educational activities should be provided to employees reminding them of their right and responsibilities. This would help to avoid future legal issues surrounding Title VII of the Civil Rights Act of 1964. The organization can provide a hotline giving all employees the opportunity to anonymously report instances when they feel someone is not being treated fairly. I appreciate your time and consideration into this matter. Please contact me with any questions or
October 13, 2013
TO: Bob Smith, Chief Executive Officer
FROM: Division Manager
DATE: October 13, 2013
SUBJECT: Claim of Constructive Discharge under the Title VII Civil Rights Act of 1964
A constructive discharge arises when a wage earner maintains the organization forced him/her to step down because working environments were made unbearable. The claim of constructive discharge under the Title VII Civil Rights Act of 1964 by Mr. X, is unjustified. The employee notifying the company that he was upset with the scheduling change in the production area never filed a complaint. Furthermore, Mr. X did not allow the organization the opportunity to respond to the claim. Thus, the organization was not aware the production schedule change created an unbearable working environment.
Production schedules were changed within the company due to experienced growth. All production employees were required to work four …show more content…
X that we are willing to work with him to find an acceptable solution and to inform him we are aware of the Code of Federal Regulations (Guidelines on discrimination because of religion, 2009). Several accommodations could be discussed if he would come back to work for the organization, such as, voluntary shift substitutions or flexible scheduling. The organization will need to clear with Mr. X that every effort will be made to resolve the situation.
Finally, yearly educational activities should be provided to employees reminding them of their right and responsibilities. This would help to avoid future legal issues surrounding Title VII of the Civil Rights Act of 1964. The organization can provide a hotline giving all employees the opportunity to anonymously report instances when they feel someone is not being treated fairly. I appreciate your time and consideration into this matter. Please contact me with any questions or