Constructive Discharge Essay

986 Words Jan 21st, 2011 4 Pages
Constructive Discharge
Constructive discharge as a legal concept is relevant to the given scenario in that an employee has quit, alleging that he/she has been discriminated against due to a work schedule policy change. This work schedule policy change requires that employees work on a religious holy day. The employee is claiming to have been religiously discriminated against.
Constructive discharge is upheld in court if the work conditions were made to be so intolerable that a reasonable person would resign, and in some cases it must be proved that it was the employer’s intent that the employee would resign.
There are two ways in which constructive discharge is tested: The Reasonable Person Test and The Specific Intent test.
1.The
…show more content…
2.The change was not made only for the employee in question. It was for the whole production staff due to company growth and increased production needs of the company.
3.The work schedule policy change effects all production workers the same, yet only one person quit.
4.It wasn’t the company’s intent to make the employee in question quit. If so, it would be possible that all production workers would quit.
5.The employee in question also did not give the company an opportunity to address the issue before resigning.
The following legal references should be used in conjunction with others to support the recommendation.
1.According to Pennsylvania State Police v. Suders (2004), “A plaintiff alleging constructive discharge in violation of Title VII, the Court of Appeals stated, must establish: ‘(1) he or she suffered harassment or discrimination so intolerable that a reasonable person in the same position would have felt compelled to resign … ; and (2) the employee’s reaction to the workplace situation–that is, his or her decision to resign–was reasonable given the totality of circumstances… .”
2.Title VII of the Civil Rights Act of 1964 outlaws discrimination in employment in any business on the basis of race, color, religion, sex or national origin. Title VII also prohibits retaliation against employees who oppose such unlawful discrimination. The Equal Employment Opportunity Commission (EEOC) enforces Title VII. The

Related Documents