Jdt2 Task 1 Essay

1511 Words Aug 20th, 2014 7 Pages
Toy Company | To: | CEO | From: | Christine Nelson | Date: | 6/30/2014 | Re: | EEOC Title VII Claim | | This memo is in response to a notice received from the EEOC that a constructive discharge claim has been filed by a former employee. The employee alleges that our new company policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. Due to company growth, the production schedule was changed at the beginning of the year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff …show more content…
To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
2. To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin” (U.S. Equal Employment Opportunity Commission).
In other words, Title VII of the Civil Rights Act of 1964, as originally enacted, prohibits employment discrimination based on race, color, religion, sex, or national origin. (Nolo’s Plain-English Law Dictionary).
True constructive discharge claims are somewhat rare. An employee has a constructive discharge claim only if they were subjected to an illegal hostile work environment that left the employee with no choice but to resign. (Gallagher, 2011)
Title VII of the Civil Rights Act of 1964 includes religion as a protected group, so the employee may potentially have a civil rights case. However, as stated above, constructive discharge requires an employee to give the employer fifteen days’ notice of the employee’s intent to resign. This allows the employer time to address the employee’s concerns. If the employee’s concerns are not addressed,

Related Documents