Jdt2 Task 1
Toy Company | To: | John Stanton, Chief Executive Officer | From: | Christine Van Winkle, Elementary Division Manager | CC: | | Date: | 3/18/2013 | Re: | Initial Response to Constructive Discharge Claim #1- 2013; Claimant AA23 | Comments: | Per your request to investigate and recommend Toy Company’s position regarding Claim #1-2013; this report was generated. The initial research has been finalized and recommendations determined. I will refer to the claim by its number #1-2013 and the claimant as AA23 to keep the confidentiality of the claimant. First this report will provide a summary of the claim and the history associated with it. Second it will discuss the definition of Constructive Discharge and its relevance to this claim. Third it will provide the specific areas under the Title VII of the Civil Rights Act of 1964. Fourth it will offer recommendations and supporting legal references. Fifth it will recommend proactive steps to avoid future legal issues in relationship to the Title VII of the Civil Rights Act of 1964. And finally any references used in this research will be provided. A. Definition of Constructive DischargeSummary of Claim and history:In January 1, 2013 a new policy was implemented to support exponential company growth. This policy impacted all production employees. The impacted employees were notified of the changes two months in advance of the January 2013 implementation to allow for assimilation and training on the new shifts schedules and there impacts. Production employee schedules were shifted from a Monday through Friday schedule, 8 hour shift to a Monday through Sunday schedule, 12 hour shift, four working days can occur any day of the week. This schedule requires all production employees to work on holy days regardless of religious affiliation as the production now runs seven days a week.Office staff members were not impacted by this policy change.AA23 quit on January 2, 2013 after new policy was in effect.
References: innegan, S. (2013). Constructive Dishcarge Under Tittl VII and the ADEA. The University of Chicago Law Review, 561-562.Grace Liebermann V. Genesis Health Care - Franklin Woods Center, CCB-11-2770 (District Court of Maryland 2013).Johnson V. Lacaster-Lebabib Intermediate Unit 13, 11-cv-01598 (District Court for the Eastren District of Pennsyvania 2012).Pennsylvania State Police V. Suders, 542 US 129 (Supreme Court 2004).Religious Discrimination. (2013, 03 24). Retrieved from U.S. Equal EMployment Opportunity Commision: http://www.eeoc.gov/laws/types/religion.cfm |
| |