Jdt 2 Task 1 Essay

1893 Words May 1st, 2014 8 Pages


FROM: Division Manager

DATE: January 29, 2014

RE: Discrimination Research


The following are my findings regarding the constructive discharge from the employee that has left our company after our policy change.

The employee is alleging that we discriminated against them because we made them work on a “Holy Day.” He is claiming “constructive discharge.” Constructive Discharge is when an organization makes the employee’s work environment was so intolerable that they had no choice but to quit (constructive dismissal). He is stating that because we change the work schedule from a five day Monday through Friday to a 12
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In other words, would a person who was not religious feel that this schedule change would make them feel the work environment was so hostile that they would have no choice, but to resign from their position. I am putting myself as a “reasonable person” for this situation. I do not feel that the environment would be hostile. I would just have to look at other options before I leave this position. I would make sure that I cannot switch with another person or use my vacation days for any time I would want off on the “Holy Day.”

The second recommendation is to let the EEOC know that we feel we are not guilty of discrimination towards this employee. One of our arguments is that this employee did not inform us of his religious beliefs. It is the law that if he did we had to accommodate him unless doing so would cause undue hardship on our company (Am I protected from religious discrimination?). It is impossible for us to help him out if he does not inform us. This can also be seen in Gwendolyn I. Cooper v. Oak Rubber Co., she filed suit against the company alleging that they discriminated against her religious beliefs. Oak instituted an accumulation of points for unexcused absences because they had a serious absenteeism problem. Oak ran five or six day work weeks with the sixth or the seventh day would be for cleaning and maintaining the machines. Gwendolyn started working for them in 1975, started attending her church

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