Essay on Jdt Task 1

1679 Words Feb 12th, 2015 7 Pages
Memorandum
To: CEO, JDT2 Task 1 Toy Company
From: John Doe, Elementary Division Manager
Date: 2/24/2015
Re: Summary of Alleged Discriminatory Claim under Civil Rights Act of 1964, Title VII, Constructive Discharge Research A. Constructive Discharge

The former employee is claiming that he was forced to resign from his position due to the fact that he must work on a religious holy day. His claim is based on the feeling that the company has purposefully made his working situation unendurable through an, alleged, discriminatory work schedule change. As referenced in an article by Alison Doyle on About.com, titled ‘What is Constructive Discharge?’, Alison defines constructive discharge as the following:
Constructive discharge
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It is this part of the Act that the former employee is alleging his claim of violating his protected right. With rotating days, the new work schedule may require him to work on his religious holy day and not allow him to practice his religion freely. Also associated with the Civil Rights Acts of 1964 is another part requiring employers to reasonably accommodate the religious practices of employees. C. Company Response

To begin, one component of constructive discharge was defined above as ‘Unbearable conditions include discrimination or harassment, or receiving a negative change in pay or work for reasons that are not work-related.’ In order to stay up with competition and react to the changing needs of the business, the production schedule had to be modified. This was a change based on a driven business need that required all affected employees to submit to in order to sustain the continued success of the organization.
Also, the company was never notified about the conflicting issue from the former employee of not being able to work on a religious holy day. Even though it is identified in the Civil Rights Act of 1964 that reasonable accommodation must be made for the religious practices of its employees, the company wasn’t ever given any notification from the former employee to be able to make the necessary and reasonable accommodations in his schedule.
With the outlined items, it is my recommendation that the firm respond to the EEOC

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