...Toy Company USA| To:|John Johnny, CEO| From:|--- || Date:|7/9/2012| Re:|Constructive Discharge of Former Employee. Research and Response.| Comments:|Following your request to investigate how our company should respond to the recent claim by a former employee under Title VII of the Civil Rights Act of 1964 after our schedule policy change I have made several notes regarding how we should respond to their claim.A. Constructive Discharge: According to an article by the Denver Business Journal a person cannot sue for a constructive discharge. While this statement isn’t completely true, it is very difficult to prove Constructive Discharge, which means that an employee resigns because working conditions are so unpleasant or difficult that a reasonable employee would feel compelled to resign. The employee must provide evidence or notification, in writing, regarding the cause for them choosing to resign and then allow the employer fifteen days to respond, in writing, to those allegations. In order to prove that there was a constructive discharge the employee, or in this case the former employee, must “preponderance of the evidence that the articulated reasons are a pretext for discrimination” as noted in Duffy V. Paper Magic Group Inc. 1988. Also as noted in this case it is very difficult for the former employee to provide evidence that this was the case. In the United States Supreme Court decision in the Pennsylvania State Police V. Suders 2004 it was shown that the former...
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...am writing a memorandum outlining a potential recent claim of constructive discharge. Recently, in lieu of Happy Toy’s growth and expansion, the production schedule has changed requiring production employees to work 12 hour rotating shifts four consecutive days in a seven day period (Monday-Sunday). Office hours will remain the same (Monday-Friday, 08:00-17:00). Production employee Tom Arnold has filed a constructive discharge claim due to the new hours requiring him to work on a religious holy day, and quit pending the schedule change. This claim must be taken seriously as constructive discharge can result in litigations and can be rightfully covered under Title VII of the Civil Rights Act of 1964. This memo will depict how constructive discharge is relevant to this scenario, a protected category under Title VII of the Civil Rights Act of 1964 relevant to this scenario, recommend a company response with support, and recommend steps the company should take in order to avoid future litigations. As a legal concept, constructive discharge is fully relevant to this situation as it can be covered under Title VII of the Civil Rights Act of 1964 which specifically encompasses religious precedence. Constructive discharge can cover Mr. Arnold provided no reasonable accommodations were made in order to circumvent the situation. Happy Toy’s must fully understand the severity of these allegations, as well as the rights and preventative measures that will protect the firm from further...
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...To: CEO From: Elementary Division Manager Date: 01-07-2013 Subject: Constructive Discharge of Employee Brought to my attention by the company attorney, a former employee has filed a legal claim against the company claiming “constructive discharge” of religious discrimination falling under Title VII of the Civil Rights Act of 1964. The claim stems from an alteration in the previous production schedule to better support the company’s progress and development. The new schedule is 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 is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday. This rotation schedule would have the former employee to be scheduled to work on a holy day considered by the former employee. This policy of scheduling led the former employee to resign. This memo aids in addressing the current situation for the company by defining constructive discharge, reviewing Title VII of the Civil Rights Act of 1964, and providing recommendation that the company could conduct in resolving the current situation. Constructive Discharge Constructive discharge can be defined has when an employee’s work condition are so intolerable that would evolve into resignation by the employee (Dempsey and Petsche, 2006). This simply can be described as the employer...
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...A former employee of our company has filed a claim with the EEOC that the company discriminated against him and due to this discrimination; the employee was forced to resign due to constructive discharge. The claim states that the constructive discharge violated Title VII of the Civil Rights Act of 1964. The former employee alleges that the constructive discharge was in correlation with religious discrimination based on a work schedule policy change. The former employee states that the change in the work schedule policy was discriminatory, because it required employees to work on a religious holy day and due to this change the employee was forced to quit. Constructive discharge in employment law is typically when working conditions are so intolerable that the employee feels compelled to resign (Constructive Discharge, n.d.). Constructive discharge is a discriminatory practice that forces an employee to resign due to perceived intolerability in the work environment. Courts will typically agree with the claim of constructive discharge, if the court determines that any reasonable employee in a similar situation would also feel discriminated against if in the former employee’s position (Ford, Notestine, & Hill, 2000). Courts also require that an employee show that the working condition was so intolerable and that the employer made it purposely so, it forced the employee to resign (Ford, Notestine, & Hill, 2000). The burden of proof is placed on the former employee...
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...To CEO from: Elementary Division Manager Date: April 4, 2013 Re: Constructive Discharge This is a memo which summarizes all my findings in accordance to our former employee allegation against Company under Title VII of Civil Rights Act of 1964, Constructive Discharge. I have reasonably provided my details which certainly might help in making the decisions at corporate level and that would benefit Company. A: Constructive discharge is generally when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice. Unemployment benefits are unavailable when an employee quits, however a former employee may still get unemployment benefits when a constructive discharge can be proven. Local laws should be consulted for applicable requirements: A. In any action under the statutes of this state or under common law, constructive discharge may only be established by either of the following: 1. Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has been given at least fifteen days' notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee's concerns. 2. Evidence of outrageous conduct by the employer or a managing agent of the employer, including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment...
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...Constructive Discharge: After conducting research on Title VII of the Civil Rights Act of 1964, it is important to understand the legal concept, “Constructive Discharge”, as it is extremely relevant to the employee’s claim. Constructive discharge is when an employee resigns from a job, claiming that the employer has made it impossible for the employee to continue working for the company. Because the resignation is not truly voluntary, it is considered termination or firing. In order to establish a constructive discharge claim, the employee must show reasonable evidence that the discharge occurred, also known as “prima facie”. To show prima facie, the plaintiff must show the following factors occurred: 1. The employee resigned directly because of a change in working condition or policy implemented by the employer (Niznik, 2012). 2. There was a “cause and effect” relationship between the resignation and the change in working condition or policy; both must have occurred within reasonable time of each other (Niznik ,2012). 3. Any reasonable employee would resign under the same circumstances because the change in policy or working condition was unbearable (Niznik ,2012). 4. The resignation was predictable – the employer intentionally implemented the change, knowing any reasonable would quit (Niznik ,2012). Although the employee can prove factors #1 & 2 occurred, it would be extremely difficult for the employee to prove that any other “reasonable” employee...
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...Industries (TBI) under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new 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. As a result of company growth, the production schedule was changed at the beginning of the New Year, requiring employees to work 12-hour shifts with four days at work and then days off. The four workdays can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members had no change in their schedule and continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. As requested, I have done some initial research into how the company should respond to the employee’s claim. Constructive Discharge Constructive discharge is a legal term that references a situation in which an employee feels “no other choice” but to resign their position due to alleged intolerable working conditions such as workplace harassment or discrimination as defined under Title VII of the Civil Rights Act of 1964. Two Supreme Court cases in 1998 provided some guidance regarding employer liability and defense for Title VII claims, but failed to address the issue of constructive discharge and the employer’s ability to defend...
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...a. Explain how constructive discharge as a legal concept is relevant to the scenario. Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies...
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...MEMO To: CEO From: Date: Re: Constructive Discharge case Message: With respect to the case filed by a former employee against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to draw your attention towards the legalities of constructive discharge. Constructive discharge occurs when employees resign because their employer's behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign (Constructive dismissal). Since the employee is required to work on his religious holiday so it can be considered as a case of constructive discharge. It is unlawful if an employer discriminates 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. (Title VII of the Civil Rights Act of 1964). Here, the employee can raise issue based on discrimination based on religion. As a way to avoid constructive discharge case, we can introduce flexibility in the working days, the employees may be having certain reservations in working on a particular day, the same can be asked beforehand before finalizing the days for the employees. Also, flexibility in terms of shift can be provided to the employees. Secondly we need to sensitize the issue to the employees of our company that the decision has been taken to increase the productivity of the company and will help us...
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...June 19, 2014 From: Mark Jackson Manager, Elementary Division To: The CEO Subject: Former Employee's Constructive Discharge Claim ______________________________________________________________________ I received notified from the company’s attorney about a former employee who filed a claim against the company citing constructive discharge under Title VII of the Civil Rights Act of 1964. Findings: What is constructive discharge and how is it relevant to this situation. At the beginning of the New Year, a new shift policy was implemented to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days off in a rotating shift, which means some of those working days may fall into the employee’s religious holy day. The former employee quit after this implementation. The former employee is claiming a constructive discharge. Constructive discharge is a discriminatory practice where an employee is forced to resign because of perceived an intolerable work environment, courts usually agree to the employee if they determine that a reasonable person would also feel same in the same position (Paul, 2002). Courts also require employees that are filing under constructive discharge to show that the employee as created intolerable working condition with the intent of forcing resignation was deliberate (Paul, 2002). It is the responsibility of our former employee...
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...3/11/2013 | | Memo | | | | To CEO From Elementary Division Manager Re Constructive Discharge Complaint Comments: Earlier this quarter a former employee voluntarily terminated their employment with our company but has since filed a claim against our company alleging that the employee’s rights under Title VII of the Civil Rights Act of 1964, specifically constructive discharge, were violated. Title VII of the Civil Rights Act of 1964 was designed to protect the rights of employees within the workplace from instances of discrimination with relation to race, religion, sex, national origin and religion (Title VII of the Civil Rights Act of 1964). With this law came about the Equal Employment Opportunity Commission (EEOC) whose responsibility it is to enforce the provisions within Title VII and provide oversight and guidance to employers and employees with regard to this law. The EEOC has sent us notification that this former employee has made a claim under the constructive discharge area of Title VII. Constructive discharge is an employment situation whereby the employee feels that due to changes their employer has made with regard to any Title VII covered entity; they have no option but to resign. This act is relevant to the claim in that the claim stated that the employee felt he had no alternative but to resign. The employee believed that with the company’s new policy reflecting work/shift changes he would not be able to observe the Holy days required by...
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...a. Explain how constructive discharge as a legal concept is relevant to the scenario. Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies...
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...Former employee claims constructive discharge under Title VII of The Civil Rights Act of 1964 Dear Mr. Richardson, I would like to present you important facts as a result of my research found regarding Title VII of the Civil Rights Act of 1964. The plaintiff’s arguments are irrelevant and do not justify his claim against Toys Are Fun. The claim filled out by our former employee using the Title VII of the Civil Rights Act of 1964 to justify constructive discharge, which is generally applied when conditions of the work environment are intolerable and the employer does not offer the employee another alternative than to ask for termination. Constructive discharge is also one of the hardest cases to prove since plaintiffs need to meet certain requirements to prove they were victims of constructive discharge; abrupt termination is not acceptable proof since the employee is required to give the employer a reasonable chance to resolve the issue. In the last few years, Toys Are Fun has had tremendous growth, which forced the company incorporate changes in its production scheduling department in order to meet the demand of market changes that include working during holidays and weekends. The former employee resigned from his job for not being able to work during a scheduled holiday. Toys Are Fun did not have a chance to discuss the issue with employee and for this reason accommodation such as shift swaps and make-up hours, were never offered. Constructive discharge for religious reasons...
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...Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case of the employee who filed a claim, the work hours were changed to 12-hour shifts, with four days on and then four days off. The four workdays can occur any of the days of the week. The former employee claimed that the workday could be on a religious holy day. In this case, there is cause to claim constructive discharge. The work hours changed significantly from when the employee was hired. To determine whether constructive discharge was used in this employee’s resignation, there are two tests. First, a reasonable person in the employee’s position would find the working conditions intolerable, and second, the employer created an offensive work environment with the intent to force the employee to quit (Constructive Discharge, 2014). B. Title VII: Section703 of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gomez et al, p. 92). Protected class theory states that groups of people who have suffered discrimination in the past should be given special protection by the judicial system. Religious rights are one of these...
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...University In partial fulfillment of the requirements of Human Resources JDT2 Memorandum to Chief Executive Officer WGU Toy Company TO: WGU Toy Company, Chief Executive Officer FROM: Elementary Division Manager DATE: June 18, 2013 SUBJECT: Constructive Discharge Claim As a result of a work schedule policy change at WGU Toy Company, a constructive discharge was filed under Title VII of the Civil Rights Act of 1964 related to religious discrimination by a former employee. This is due to a policy change that required toy company employees to work rotating shifts to accommodate the demands of production. In this former employee’s claim, rotation would fall on a religious holy day. The rotating schedule change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment Opportunity Commission, 2013). Specific to religion, all aspects of religious observance and practice are to be reasonably accommodated...
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