Constructive Discharge
This memo should clear up any questions you have remaining about the situation of the constructive discharge/ violation of Title VII lawsuit filed by our former employee, and will also give some suggestions for how we can avoid this problem in the future.
First, it should be made clear that constructive discharge is that act of “forcing an employee out of a job with an ultimatum to either resign or face one of several unpleasant consequences”, which could be, among other things, unwanted transfer, loss of benefits, uncomfortable or intolerable working conditions (Paul & Seeberger, 2002, p. 1). This is obviously clearly related to the lawsuit that has been filed against our company, as our former employee is attempting to assert that this company took action and attempted to force her out of her job by making a schedule that would for her to work on her holy day. Furthermore, this lawsuit also attests that by making this schedule that required her to work on her holy day, our company is in violation of Title VII, of which Section 703(a) states, “It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, privileges, or employment because of such individuals race, color, religion, sex, or national origin” (FindLaw, n.d., Sec 703.1)
In my opinion, our company cannot be found guilty of constructive discharge, but unfortunately we could be found guilty of religious discrimination under Title VII. I have reviewed many court cases and legislations to try to fully grasp all aspects of this case. There are many aspects to Title VII violations and constructive discharge allegations; I will first review the aspects we comply with, and then present how I feel we have violated Title VII. The decision for the case Young vs. Southwestern Savings and Loan Association says that an employer is forbidden to
First, it should be made clear that constructive discharge is that act of “forcing an employee out of a job with an ultimatum to either resign or face one of several unpleasant consequences”, which could be, among other things, unwanted transfer, loss of benefits, uncomfortable or intolerable working conditions (Paul & Seeberger, 2002, p. 1). This is obviously clearly related to the lawsuit that has been filed against our company, as our former employee is attempting to assert that this company took action and attempted to force her out of her job by making a schedule that would for her to work on her holy day. Furthermore, this lawsuit also attests that by making this schedule that required her to work on her holy day, our company is in violation of Title VII, of which Section 703(a) states, “It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, privileges, or employment because of such individuals race, color, religion, sex, or national origin” (FindLaw, n.d., Sec 703.1)
In my opinion, our company cannot be found guilty of constructive discharge, but unfortunately we could be found guilty of religious discrimination under Title VII. I have reviewed many court cases and legislations to try to fully grasp all aspects of this case. There are many aspects to Title VII violations and constructive discharge allegations; I will first review the aspects we comply with, and then present how I feel we have violated Title VII. The decision for the case Young vs. Southwestern Savings and Loan Association says that an employer is forbidden to
References: Balkin, D., Cardy, R., & Gomez-Megia, L. (2010). Managing Human Resources (6th ed.). Boston, MA: Prentice Hall. Ebel. (1993). Alexander Shapolia vs. Loa Alamos National Laboratory and John Whetten.(Court Decision, United States Court of Appeals, Tenth Circuit). Retrieved from: http://cases.justia.com/us-court-of-appeals/F2/992/1033/44815 FindLaw. (n.d.). Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity. From the U.S. Department of State. Retrieved from http://employment.findlaw.com/employment/employment-employee-discimination-harassment/civil-rights-title-7.html Goldberg. (1975). Martha D. Young vs. Southwestern Savings and Loan Association. (Court Decision, United States Court of Appeals, Fifth Circuit). Retrieved from : http://openjurist.org/509/f2d/140/young-v-southwestern-savings-and-loan-association Paul, R. & Seeberger, K. (2002). Constructive Discharge: When Quitting Constitutes Illegal Termination. Review of Business, Spring 2002, 1-4. Retrieved from http://www.entrepreneur.com/tradejournals/article/87211790_4.html Rubin, Alvin. (1989). Kevin R. Jenkins vs. State of Louisiana, Thru the Department of Corrections. (Court Decision, United States Court of Appeals, Fifth Circuit). Retrieved from http://ftp.resource.org/courts/gov/c/F2/874/874.F2d.992.88.3507.html