Memo
To: Company CEO
From: Elementary Division Manager
CC: Company Attorney
Date: 4/14/2012
Re: Companies Response to an Ex-Employee’s Claim of Constructive Discharge and the Federal Equal Employment Opportunity (EEO) Law
How is Constructive Discharge Relevant to this Situation?
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of their race, color, religion, national origin, or sex . This law provides legal recourse for employees to seek Constructive Discharge for discrimination of their legal rights if they believe a change to a policy or procedure has violated their rights (Shaker, n.d.). The law specific to religious beliefs applies to this situation that has occurred within the company.
On November 1, 2011, the Human Resource (HR) Department provided training to the each of the division managers regarding a change to the employee work shift schedule to begin on January 1, 2012. This change was a direct result of the company’s increase in growth and production demand. Following the meeting, each division manager scheduled a date and time that week for their employees to receive comparable training from the HR Department. The HR personnel also relayed to the employees that the change in work shift schedule was a necessary response to the company’s increase in growth and production demand. Employees were given the same opportunity as the division managers to ask questions, receive feedback, and allow the employee time to approach their department manager with any concerns as noted in company policy and procedure. Following the meetings, both employees and division managers signed an acknowledgement of the training which was then placed in their personnel file.
The first of this week I was notified by the HR Department that a former employee who resigned on, January 23, 2012, has filed a claim against our company under Title VII of the Civil Rights Act of 1964 alleging