The Reasonable Person Test Best Serve The Purposes Of The Law Case Study

Better Essays
Register to read the introduction… Under the majority view, an employee who has claimed to have been subjected to unlawful discrimination and resigns is said to have been constructively discharged only if a reasonable person would have found the conditions intolerable. The majority view suggests that the employer wanted the employee to quit the job.
2.Under the Specific Intent Test, or minority view, the plaintiff has to show proof that not only the working conditions were made intolerable, but also that the employer created the intolerable conditions with the specific intent of forcing the employee to resign. The minority view suggests that the employer did not wish for the employee to resign, rather stay and comply with the requests/new requirements.
If conditions are found to have been tolerable, the claim will fail under either test. In the given scenario, the work schedule policy change effects all production workers. Even if the change is determined to have made conditions intolerable for the employee in question, the change was not made with the intent to force any employee to resign. Therefore, it is not a constructive discharge.
…show more content…
Suders (2004), “A plaintiff alleging constructive discharge in violation of Title VII, the Court of Appeals stated, must establish: ‘(1) he or she suffered harassment or discrimination so intolerable that a reasonable person in the same position would have felt compelled to resign … ; and (2) the employee’s reaction to the workplace situation–that is, his or her decision to resign–was reasonable given the totality of circumstances… .”
2.Title VII of the Civil Rights Act of 1964 outlaws discrimination in employment in any business on the basis of race, color, religion, sex or national origin. Title VII also prohibits retaliation against employees who oppose such unlawful discrimination. The Equal Employment Opportunity Commission (EEOC) enforces Title VII. The individual must file a complaint of discrimination with the EEOC within 180 days of learning of the discrimination or he or she could face the possibility of losing the right to file a lawsuit.
3.In Johnson v. Bunny Bread Co., “the plaintiff claimed that the ‘close monitoring and harsh treatment’ that he received from his supervisors formed the basis of a constructive discharge.” All other employees were treated in the same manner. The court upheld the finding that the plaintiff’s handling was not done with the intent to force him to resign. “Certainly the employer did not wish to force all of its employees to

Related Documents

  • Decent Essays

    Question 1, Page 628. According to Reynolds, “arbitrators are generally reluctant to sustain discipline for off duty conduct unless there is some nexus or connection to the job” (Reynolds, 2010). Generally an employee’s conduct while off duty or away from the place of business is viewed as personal matters and the company has no business interfering with employee’s personal lives. It is just cause discharge if it is established that the employees misconduct off duty adversely affects the employers reputation or when the off duty misconduct leads to the refusal or inability of other employees to work with the employee on the job. Question 2 Page 628.…

    • 799 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    If they were not, the employee can prove himself justified in refusing them. How should an employer deal with gross insubordination? When an employee disobeys his employer, the first reaction of the employer is usually to dismiss him or her. But this is not the correct way of dealing with gross insubordination from the employees. Before dismissing, the employer should ask themselves these questions: • Did you communicate the instructions clearly to the employee?…

    • 806 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    In his deposition, Travis stated that he believed Estrada was “being melodramatic about” her injury, and confirmed that he told her to “do what [she is] paid to do.” Unlike the court in Echostar, that held that a negative attitude was present when an employer was shown to have a pattern of hostility towards injured employees, the court will not likely hold that Travis did not express such a pattern, as no evidence shows a discriminatory history on his behalf. See, 394 S.W.3d at 291. On the other hand, the court in Wyler held that a requisite negative attitude towards the protected class to be when an employer testified that he “didn’t want workers that made it a lifestyle out of filing workers’ compensation claims,” because the negative comments displayed a negative attitude towards the protected class. 999 S.W.2d at 501 In regards to the case at hand, the court will likely hold negative attitude to be present when Travis stated that he “could not respect people who [take] welfare from the government,” because they too display a negative attitude towards the employee’s protected class. Id.…

    • 2227 Words
    • 9 Pages
    Decent Essays
  • Decent Essays

    The company policy has stated that company time should not be used for personal matters. Even if everyone in the workplace is known for whistle-blowing on one another, the fellow coworkers actions are driven by a different motive. The fellow coworker would whistle-blow because of his or her notion to do what they believe is the right thing. On the other hand, this could become an ethical relativism concern. If the fellow employee chose to whistle-blow on the fellow coworker's actions because the fellow employee did not favor the fellow coworker, this would be a subjective issue.…

    • 1875 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    In order for a modification to be valid, it has to contain mutual consideration, which is where both parties give something up that they have a legal right to. The Colton School was giving up an additional number of paid sick leave days, while O’Neal was giving up nothing. Thus, his attempted modification, even if accepted, would not be legally enforceable. The Colton School had a right to deny O’Neal’s modification. They also had the right to fire him because of his breach, or nonperformance, of the employment contract.…

    • 757 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Can plaintiff recover compensation for injuries sustained by using a product, even though he did not purchase the product and did not prove negligence on the part of the manufacturer? Both the plaintiff and defendants appealed the jury decision. The plaintiff demanded a reversed judgment that in the favor of the retailer. However, according to product liability and strict liability, the manufacturer should be liable for their harmful or defective products. The manufacturer should be liable for the negligence if their product to cause harm to the users.…

    • 1564 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Fired In Workplace

    • 1773 Words
    • 7 Pages

    Flaws in explanation or presentation like openings in reasoning can not only easily insight anger in the former employee and can also bring on a lawsuit that is not called for. When explaining the reason termination you should always be compassionate. Whoever you’re firing has a life too, they have friends, family and this job means a lot to them so you should try to speak in their best interest and maintain their dignity. The picture to the top left is a perfect example of a lack of compassion from a boss/employer. Instead of firing them compassionately you are mocking them while firing them and taking a stab at their dignity.…

    • 1773 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Note; you cannot council innocent absenteeism since disciplinary action in this case is unjustifiable by the law and it will be unruly to subject them into penalization for acts beyond their control. Xxx research institute says no matter the nature of the absenteeism case tabled, it causes losses to the organization and it is far from an employer’s fault. So, how do you weigh the losses suffered by the employers to the workers’ rights of being sick? However, when it reaches a point where, no matter the causes of the absenteeism, it imposes constant loses to the employer; the damages incurred should weigh against the employee’s right to be sick. Moreover, when the employer is right to expect delivery never met, then the work contract automatically terminates.…

    • 889 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    In it is a clause that states that abuse of drugs, whether legal or illegal, within the workplace, is prohibited. If this abuse affects the employee’s performance in any way or compromises the safety of the employee or the other employees then, disciplinary action has to be taken. Brian was in clear violation of the policy. His work performance was affected, and he posed a risk to his colleagues. Because of how the problem started, he was given a written reprimand and allowed time to get treatment and rehabilitation for his problem (Duff, White, & Turner,…

    • 1155 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    The NLRB agreed that the committees formed by the organization constituted labor organizations and that the company interfered with the way the action committees were organized and that management interfered with employee initiated proposals that were presented to the organization (United States Court of Appeals, 1994). Electromation Inc. claimed that the action committees didn’t interfere with free choice of employees, they had no knowledge of union activity and were just seeking involvement from employees to find a solution to a company issue (United States Court of Appeals, 1994). Even though Electromation Inc. may not have intended to interfere with a labor organization their attempts at engaging employees to resolve company issues was unsuccessful and caused frustration all around. Not enough people wanted to participate, employees most likely felt that didn’t have enough say and were probably discouraged when management didn’t accept their proposals. The changes the company made to bonuses and raises had a direct impact on the employee’s way of providing for their families.…

    • 1280 Words
    • 6 Pages
    Decent Essays