Human Resource - Constructive Discharge Essay

993 Words Jul 31st, 2012 4 Pages
TO: CEO
FROM: Elementary Division Manager
DATE: November 7, 2011
SUBJECT: Claims of constructive discharge:
This memo is being written in regards to a former employee who has filed a case against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, on charges that the company’s employees are required to work on a religious holy day. The reason for the charge is due to a policy change with the work schedule that affected the entire production staff. The new schedule requires that employees work 12 hour shifts with four days at work and then four days off. The rotating shift can start any day of the week and is the reason for the case against the company.
A. Constructive discharge:
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Under this law, employers that deny a request for reasonable accommodation of an employee’s religious beliefs or practices is considered discriminatory if the accommodation does not cause a diminished cost or burden on the employee’s business (Myers, 2002). By imposing a 12-hour shift and requiring the employees to work on any day of the week has been construed to be religious discrimination under Title VII of the Civil Rights Act of 1964.
C & C1. Recommended steps and legal references: The following recommendation in regards to the charges would be to develop a task force group with management, HR and legal representatives to look at the following policies and procedures that are currently in place. The task force must first look at whether the employer was justified in denying accommodations to the employee for their religious beliefs. They must be able to produce documentation that proves that the decision to accommodate the employee would have cause undue hardship to the company (Trans World Airlines, Inc. v. Hardison, 1977). Second they must review the policy in place for making staffing and schedule changes to the department. The policy should include a notification period for changes in the employee’s permanent schedule and a process to allow the employee to respond. In this particular case, although the work shift change affected the entire production staff, the employee can argue that a “disparate

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