Free Essay

Jdt2 Human Resources {Task 1}

In:

Submitted By drprashams
Words 844
Pages 4
Sub: Employee’s claim of Constructive Discharge
Constructive Discharge is any policy or enforcement that creates a working condition so intolerable that a reasonable person would be forced to resign from an organization.

This is to bring it to your notice that former employee Mr. Red Onion has recently filed a lawsuit against our organization under the section Constructive Discharge of Title VII of the Civil Rights Act of 1964. The law in this section pertaining to the claim submitted by employee is that the working condition in the company was intolerable in the form of humiliation, discrimination and harassment to an extent that forced him to resign from our organization. Mr. Red Onion quoted saying that he quit after the new policy came into existence that required him to work on 12-hours shift on any four days in week that can potentially conflict the days that is reserved to perform his religious duties. This change has made the working condition intolerable for the employee and was forced to submit his resignation from the organization.
Further, Title VII of the Civil Rights Act prohibits any employment discrimination based on color, religion, sex, nationality and protected activity. The resultant of such discharge is ideally staff quitting their job and become eligible make claims against the company.
Solely with respect to religion, Title VII upholds religious duties and practices that are both theistic and as well as non-theistic in nature - “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” (eeoc.gov 2011).
Title VII of Civil Rights Act also requires employers to accommodate request by staffs to practice their sincerely held religious beliefs and observances unless such practices would cause problems and conflict with normal business operations which according to Americans with Disabilities Act (ADA), is instead “significant difficulty or expense.”
Referring to ‘Title VII’s religious discrimination clause (EEOC.Gov, 2011), our organization should fairly accommodate employee's religious beliefs and faith and eliminate any conflict with work requirements. These accommodations include but not limited to – Accommodate religious holidays, flexible scheduling and modification of production schedule.
In general, anyone who wants to file claim discrimination against an employer or company based on religion, sex, nationality, race, color and age by an can submit discrimination charges with ‘Equal Employment Opportunity Commission (EEOC)’ which is an independent federal body that can enforces laws against such discriminations. The EEOC would further investigate such complaints and also, any retaliation by employers.
Since the process has already begun and EEOC has sent our company a copy of the charge, we are asked to provide a response and present any information that we believe to prove that such charges are inappropriate and we did not violate the law. Fortunately, The EEOC has notified our company that charge is eligible for mediation and has offered us an option of mediation to mutually settle the issues with employee before the investigation begins. Mediation provides the organization and employee who filed discrimination charges the opportunity to reach into mutually agreeable solutions before the EEOC investigations. If mediation could not bring about mutually agreeable solutions between two parties, the charges will be further subjected for investigation.
We should that it is unlawful on an organization to retaliate against such discrimination charges even if we think such charges are without merit. Instead, we will submit a response to EEOC pertaining to this charge.
In response to EEOC’s notification of constructive discharge claim by Mr. Red Onion, I am recommending the mediation to address the operational, legal and public relations (internal and external) components of making our response to EEOC as below.
Constructive discharge claim by employee can be tested in two ways: The Reasonable Person Test and The Specific Intent test.
The Reasonable Person Test requires plaintiff to prove that the new policy enforced is intended to create intolerable condition to him and there by company wanted the plaintiff to quit the job.
Specific Intent Test, implies that the company did not intend the employee to resign but wanted to stay and comply.
Establish evidences pertaining to the proposed working hours and shift change is with the intent to foster the company’s growth and company's behavior should not be perceived to be arbitrary, capricious, inequitable, intolerable or outside good industrial practice (Woods v WM Car Services – 1981).
Establish sufficient proofs and documentations to show that the new policy enforcement discussed with workers representatives and union officials and the change is not dramatic.
Finally, inform the employee union and representatives that the company is open to withdraw revised working hours upon representation that the policy is discriminatory and intolerable.
Company should establish the process for employees to report any discrimination or intolerance resulting from the working condition or policies. Company should assure it would accommodate employees’ religious faith/practices in the form of religious holidays, flexible scheduling and modification of production schedule and make provisions for employees to swap their shifts with other staff to facilitate a staff to accommodate his/her religious duties.

Similar Documents

Premium Essay

Human Resources Task 1

...JDT2 – Human Resources Task 1 Lauren Hutcheson ID#: 282778 January 10, 2014 MBA – Healthcare Western Governors University MEMORANDUM To: CEO, Toy Company From: Lauren Hutcheson Date: 10 January 2014 Re: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim As you have requested, an investigation was conducted regarding a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. Research and review of case law has generated the following summation and recommendations. Constructive Discharge and Title VII In the beginning of this year, and due to the continuing growth and expansion of this company, a revised work schedule was implemented. The new scheduling policy requires production staff to begin twelve-hour work shifts with a four-day on/four-day off rotating schedule. Office staff will remain on an 8:00 a.m. to 5:00 pm Monday through Friday work schedule. An employee was dissatisfied with the new schedule, stating it would require the individual to work on a holy day. Additionally, the employee feels he/she was discriminated against based upon religious beliefs and forced to resign from his/her position. The employee filed a claim against this company of constructive discharge under the Title VII Civil Rights Act of 1964. This is a federal law that prohibits any employer from discriminating employment based upon sex, race, color, nationality, and/or religion. According to the United Stated Equal Employment...

Words: 2168 - Pages: 9

Premium Essay

Task 1 Human Resource

...Task #1 – JDT2 Memo to CEO To CEO: As you may be aware, the company is currently facing a lawsuit brought about by a former employee, Mr. X. He is claiming that under the Civil Rights Act of 1964, Title VII he has been a victim of “constructive discharge” since we have changed the company’s working schedule policy to a four day rotational shift. Constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay (Equal Employment Opportunity Commission, 2012)., is illegal according to U.S. law. Mr. X states that since we have gone to the four day rotational schedule, his religious beliefs are being infringed upon since he would have to work on his religious “holy day”. According to U.S. law, the company does have an obligation to accommodate Mr. X’s request. The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. (EEOC, 2012). I would like to make the following recommendations regarding this situation. First, deny any wrong doing based upon the following: 1. Mr. X neglected to notify anyone within the company of his religious status, in other words he did not establish one of the key components of prima facie (Leagle, n.d.). Had Mr. X made the company aware of his religious beliefs, it might have been possible to make allowable accommodations for him. 2. Mr. X was...

Words: 584 - Pages: 3

Premium Essay

Wgu Jdt Task 1

...(JDT) Task 1 September 6, 2014 JDT2 Task 1 To: CEO From: Elementary Division Manager Date: September 6, 2014 Subject: Response to 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...

Words: 824 - Pages: 4

Free Essay

Wgu Paper

...Evaluation Results E-Care Support Request Form Author: Shahir Yasin Date Evaluated: 02/20/2013 04:55:49 PM (MST) DRF template: JDT2 Human Resources (V2 GRADUATE-0610) Program: JDT2 Human Resources (V2 GRADUATE-0610)-PA Evaluation Method: Using Rubric Evaluation Summary for Human Resources: JDT Task 3 Final Score: Does not Meet Overall comments: An outstanding presentation has been provided, effectively discussing succession planning and team performance. Only two aspects, pre appraisal activities and steps the CEO and board of directors should take to implement the key points covered in the presentation require addition support. Detailed Results (Rubric used: JDT Task 3) Articulation of Response (clarity, organization, mechanics) (0) Unsatisfactory (1) Does Not Meet Standard (2) Minimally Competent The candidate provides limited articulation of response. (3) Competent The candidate provides adequate articulation of response. (4) Highly Competent The candidate provides substantial articulation of response. The candidate provides The candidate provides unsatisfactory articulation weak articulation of of response. response. Criterion Score: 4.00 A1. Optimal Results (0) Unsatisfactory The candidate does not present the optimal results of a well-prepared and well-delivered performance appraisal. (1) Does Not Meet Standard The candidate presents the optimal results, with no detail, of a wellprepared and welldelivered performance appraisal. (2) Minimally...

Words: 2200 - Pages: 9

Premium Essay

Rjdt Task 1

...Human Resources Task 1: Memorandum to Chief Executive Officer WGU Toy Company Western Governors 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...

Words: 1726 - Pages: 7

Premium Essay

Hr Jdt2 Task 1

...Western Governors University MBA / Human Resources – JDT2 – Task 1 MEMO TO: Arnita Hudson, CEO FROM: Heather Barth, Elementary Division Manager DATE: March 6, 2014 RE: Title VII Claim A) After implementing the new 12-hour / 4-day production shift policy, an employee quit and filed a constructive discharge claim with the EEOC. Constructive discharge is an illegal discriminatory practice in which an employee is forced to resign because of an alleged unbearable work environment. Constructive discharge as a legal concept is relevant to our situation in that an employee has quit, alleging religious discrimination. There are legal arguments that must be proven by the accuser in order for a constructive discharge charge to be upheld. “To constitute a constructive discharge, the employer must deliberately create intolerable working conditions, as perceived by a reasonable person, with the intention of forcing the employee to quit and the employee must actually quit.“ (MOORE v. KUKA WELDING SYSTEMS, 1998) The burden lies on the employee, who must establish that working conditions were so difficult that they were obliged to resign because of a 1) discriminatory reason or 2) reason contrary to a well-defined civic policy such as Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits an employer from refusing to hire, from firing, or discriminating against a worker in any way based on race, color, religion, sex, or national origin. (National...

Words: 1915 - Pages: 8

Free Essay

Jdt2 Task 1: Memorandum of Constructive Discharge Complaints

...Memorandum of constructive discharge complaint JDT2 Task 1 Shira M. Blanchette Western Governors University TO: Jean Jones, CEO FROM: Shira Blanchette, HR director DATE: 10/4/13 SUBJECT: Constructive discharge complaint A. Constructive Discharge The Zippeedoo Toy Company has been experiencing huge growth over the past year, leading to a change in scheduling for production personnel. Where all personnel once worked eight (8) hours per day, five (5) days per week, it became necessary to shift production personnel to a rotating schedule of twelve (12) hours per day, four (4) days on, 4 days off throughout the month. This led to personnel being scheduled over the weekend, as well as during the week. Employees were required to work from one to three Sundays per month, depending on rotation. When the new schedule was announced, Mr. Tibbet resigned his position in the production group. He has filed a claim of constructive discharge with the Equal Employment Opportunity Commission (EEOC) which alleges that Zippeedoo Toy Company required practices which conflicted with his religious beliefs, forcing him to leave the company. Constructive discharge is an illegal and discriminatory practice that forces an employee to resign employment due to intolerable working conditions. In order to meet the criteria of a constructive discharge, Mr. Tibbet must prove that his resignation occurred a) due to conditions that any reasonable person would...

Words: 1639 - Pages: 7

Premium Essay

Human Resources Task 3- Performance Appraisals

...JDT2 Human Resources Task 3 Performance Appraisal System “Presenter’s Notes” Western Governor’s University Grace H. Kwasman April 8, 2014 Introduction “The bottom line in leadership isn't how far we advance ourselves but how far we advance others.” John C. Maxwell Performance Appraisal Systems Performance appraisal is a process by which the job performance of an employee is evaluated. It is a part of employee’s professional development and consist of regular reviews of employee performance within organizations (Wikipedia.org). The performance appraisal is a quintessential part of the human resources management in any organization. Section A- Benefits Big and small, any organization must adopt an effective performance appraisal systems in order to keep their workforce productive, meet company objectives and at competitive edge in today’s market. When effectively used, performance appraisals the benefits to the employee, the manager and the company are invaluable: a. Alignment- It provides a forum to discuss clear understanding of the expectations and what actions are needed to achieve those job expectations for the employee. The manager/company gets the opportunity to connect team and individual objectives with the organizational strategic goals. b. Accountability- During the performance appraisal, the employee are able to gain a better understanding of their faults, strengths and are able to make plan for improvement as needed...

Words: 4528 - Pages: 19

Premium Essay

Student

...JDT2 HR task 2 On 6/4, the quality assurance department identified a problem during routine testing. The problem is with one of the toys included in our ‘Bean Sprouts’ toy collection. The metal whistle from the collection contains small traces of lead and as a result, did not pass testing. As you are well aware, the primary market for the Bean Sprouts line is elementary schools. The test results show that the amount of lead included in the whistles was slightly above the U.S. legally acceptable limits for children ages 7 and younger. A large shipment of the Bean Sprouts toy collection is scheduled to be shipped to schools in South America at the end of this week so that the toys will be on site before the beginning of the new school year. Calculations of the logistics department show that the approximate cost to reproduce the product and repackage the toy collections is $100,000. In response to your memo dated 6/5, I present you the following report. The report will outline 3 possible scenarios of how to address the situation regarding the whistles. I will explain the process/ method that I used for selecting each of the scenarios. I will also discuss the advantages and disadvantages of the respective scenarios, as well as the financial, legal, and ethical considerations of the scenarios. I will conclude with my recommendation on which scenario we should follow and give you the arguments why. The core of the problem that we are dealing with is that we owe the customer but...

Words: 3343 - Pages: 14

Premium Essay

Hr Task 1

...Human Resources JDT2- Task 1 Sandra Emeott 4/18/2011 Introduction: Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected. Scenario: During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a case against the company 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 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...

Words: 4388 - Pages: 18