Essay on JDT Task 1 EEOC Charge Response

1143 Words Jul 11th, 2014 5 Pages
to: CEO from: John Doe subject: EEOC Charge date: May 5, 2014

The pending Equal Employment Opportunity Commission (EEOC) Complaint of constructive discharge is potentially conceivable as a violation of employee rights in relation to Title VII of the Civil Rights Act of 1964.
The Equal Employment Opportunity Commission delineates constructive discharge as an event that impels an employee to quit, retire or downgrade their position because of discrimination, retaliation or harassment. The employee may be considered constructively discharged. If validated, the employee is entitled to the same recourse as if they were involuntarily discharged. (EEOC)

The required, mitigating circumstances to demonstrate a constructive discharge,
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According to the ruling this is a requirement of the individual.

Finally, due to the 1977 TWA vs Hardison Supreme Court ruling, in 1980, the religious accommodation rules were revised by the EEOC. In section 1605.2(c) it states “After an employee or prospective employee notifies the employer … of his or her need for a religious accommodation, the employer … has an obligation to reasonably accommodate the individual’s religious practices... (Georgetown Law Center, 2005) Based upon this amendment, it is very clear we should contest the claim with the EEOC as amendment clearly states “AFTER”. There was never a request made for accommodation so the rest of the statute works in our favor, as the company was not informed of a needed accommodation. The relevance in this scenario is that it requires the individual to make the accommodation request and only after the request is made, the employer can then determine what actions to take from a reasonable accommodation standpoint. Again, the relevance is that it is clearly stated that AFTER the request is made does the company need to take action. This individual did not make a request therefore, the company has no obligation.

Moving forward, to minimize other legal issues related to the Title VII

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