Employee's Constructive Discharge: Case Study
November 20, 2013
To: CEO, Toy Company
From:
Date: 23 November 2013
Subject: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim
As requested, I have investigated the claim relating to Title VII of the Civil Rights Act of 1964. I researched case law pertinent to this case and prepared the following synopsis and recommendation.
Constructive Discharge
In the beginning of the year, the company implemented a new scheduling policy that would require all employees to work 12 hour shifts, 4 days on, 4 days off. This policy was enacted to accommodate customer growth and does not take into account any religious affiliation. One employee was displeased with the new requirement to work on a holy day, has filed a case claiming constructive discharge. In this case, the toy company employee feels that (s)he was discriminated against based on religion by being forced to work on his/ her religious day.
In 2004, the US Supreme Court set the foundation for constructive discharge in Pennsylvania State Police v. Suders. According to the US Equal Employment Commission, constructive discharge is “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” Additionally, the EEO takes the …show more content…
However, to avoid further legal fees in defending the case, and losing a good employee to miscommunication, I would recommend a resolution meeting to discuss the results of our research. I do not believe that a monetary settlement should be offered but due to misconception of the law, I recommend considering re-hiring the employee, assuming his/ her work performance exceeded acceptable. The company should allow the employee to work in the office Monday through Friday, or allow the employee to have an alternate work schedule, removing the holy day
To: CEO, Toy Company
From:
Date: 23 November 2013
Subject: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim
As requested, I have investigated the claim relating to Title VII of the Civil Rights Act of 1964. I researched case law pertinent to this case and prepared the following synopsis and recommendation.
Constructive Discharge
In the beginning of the year, the company implemented a new scheduling policy that would require all employees to work 12 hour shifts, 4 days on, 4 days off. This policy was enacted to accommodate customer growth and does not take into account any religious affiliation. One employee was displeased with the new requirement to work on a holy day, has filed a case claiming constructive discharge. In this case, the toy company employee feels that (s)he was discriminated against based on religion by being forced to work on his/ her religious day.
In 2004, the US Supreme Court set the foundation for constructive discharge in Pennsylvania State Police v. Suders. According to the US Equal Employment Commission, constructive discharge is “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” Additionally, the EEO takes the …show more content…
However, to avoid further legal fees in defending the case, and losing a good employee to miscommunication, I would recommend a resolution meeting to discuss the results of our research. I do not believe that a monetary settlement should be offered but due to misconception of the law, I recommend considering re-hiring the employee, assuming his/ her work performance exceeded acceptable. The company should allow the employee to work in the office Monday through Friday, or allow the employee to have an alternate work schedule, removing the holy day