Constructive Discharge: Case Study

Government Regulations: Task 1

Jodi Thurman,RN BSN

WGU MBA Student

Constructive Discharge

The term constructive discharge is by definition when an employee feels they are forced to resign their job because the employer has made working conditions unbearable (Doyle,2013). In the circumstance presented, the employee felt compelled to resign because the work schedule was changed and would require him to work on his religious holy day. The business changed the production team schedule to accommodate growth and expansion, changing the schedule from 8:00am-5:00pm, Monday thru Friday, to four twelve hour shifts. The employees would rotate four days on and four
The law specifically addresses discrimination in the workplace. The case presented relates specifically to section 703 which states it is unlawful to discriminate against an individuals race, color, religion, sex, or national origin ("Title VII of the Civil Rights Act of 1964",2013). The employee is claiming the company was in violation of this section by scheduling him to work on his religious holy day. Yet, the question remains as to whether the company intentionally violated the employee 's religious rights by changing shifts, or was it in response to business growth and
v. CaldordInc , 472 U.S. 703 (1985) in 1984 caused the statute �No person who states that a particular day of the week is observed as his Sabbath may be required by his employer to work on such day. An employee 's refusal to work on his Sabbath shall not constitute grounds for his dismissal�("ESTATE OF THORNTON v. CALDOR, INC., 472 U.S. 703 (1985)", 1985 )to be evaluated as unconstitutional. Thornton began his employment with the company 1975 as a manager of the men 's and boy 's clothing department. The company was closed for Sundays at this time. However, in 1977 the state revised Sunday-closing laws and the company began to operate seven days a week. Thornton claimed Sunday as his religious holy day, but initially agreed to work. He worked a total of 31 Sundays thru 1977 and 1978. However, in November of 1979, Thornton informed his employer that he would no longer be working on Sunday because it was his Sabbath. Thornton was then offered to transfer to a store in Massachusetts that was closed on Sunday or a non supervisory position with a lower salary at a separate store. Thornton declined both offers. He was demoted in 1980 to a clerical position and resigned two days later. He initially filed a grievance with the state and his grievance was sustained. The company then filed an appeal and the case went to the Supreme court. The Connecticut State Law was then deemed in violation of the Establishment Clause of the First