Constructive Discharge Essay

771 Words Oct 14th, 2011 4 Pages
To: CEO Wilson
From: J. Godsey
Re: Constructive Discharge Claim of Emily Watson
Mr. Wilson,
As you asked, I have researched the claim of constructive discharge by former employee Emily Watson. Ms. Watson is claiming that she had no choice but to resign based on the fact that she was scheduled to work Sundays. According to Ms. Watson, this is an infringement on her religious beliefs and she is claiming discrimination and constructive discharge based on Title VII of the Civil Rights Act of 1964.
Constructive Discharge and the Civil Rights Act of 1964
The Civil Rights Act of 1964 prohibits intentional discrimination or “practices that have the effect of against any person based on race, national origin, sexual preference, religion or
…show more content…
1. All shifts were required to rotate. She was not singled out, nor was she the only person to be given this schedule.
2. She could have been accommodated, had she asked. She could have applied for a transfer to the office staff, who is not required to work the rotating shift. While this may have included a pay cut, it was an option that could have been offered.
3. Ms. Watson did not give Blammo Toys an opportunity to accommodate her, she quit before giving us a chance to see if other options (split schedules, rotating days, etc) could be worked out. As referenced in Pennsylvania Police vs. Suders (2004), Ms. Watson needed to allow Blammo Toys to attempt to accommodate her.
Recommendations To Avoid Constructive Discharge
Since one of the key elements of constructive discharge is intent, future communications of job changes must include language that shows the intent of the change is to grow the company, it is not punitive or targeted (Cockrell v. Boise Cascade Corp., 1986).
If a change is to be made to work schedules, tasks or other employment details, employees must be made aware of the opportunity to seek accommodation.
The supervisors and managers of Blammo Toys must be trained to recognize harassment and situations that may lead to harassment. Our supervisors must understand that an

Related Documents