...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...
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...JDT2 Task 2 A. Ways to address the situation One of the ways to succeed in business is to make sure customers are satisfied. In this case, If the contaminated metal whistle in the toy collection is sold to the elementary school without any corrections, an ethical issue of non-disclosure or health risk would arise. As a result, the company’s reputation and integrity would be ruined and can deter customers. To address the situation at hand, a few alternatives can be considered. The first alternative is to look for another manufacturer that can supply the toy collection for less than $100,000 and on time. The second alternative is to ask the elementary school if they would like a substitute for the whistle. Finally, the company can ship the toy collection without the whistle but give the school substantial discount on its purchase. In choosing alternatives, I first pinpointed the issues that I would like to handle. In this case, the problem was a contaminated whistle in a toy collection for an elementary school. The toy would be hazardous to the health of children due to the levels of lead present. I then decided on the types of outcome that I would like to see my decisions produce. I decided that I wanted all three alternatives to make both the company and its customer happy. Customer satisfaction is very crucial in this line of business because without customers, the business would not exist. Similarly, the company needs to make money to survive. Therefore, my...
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...To: CEO From: Date: 6/6/11 Re: Problem Regarding Whistles in the Toy Collection A1. To address the problem regarding the whistles, there are three possible decision alternatives: 1) Have the whistles tested by another lab to confirm the amount of lead in the whistles 2) Get the manufacturer involved and see if they will absorb the cost of reproducing the whistles 3) Send the shipment of the elementary toy collection without the whistles for now. A1a. Forming a distinctive faction of supervisors, we can review which alternatives satisfy the musts and which one satisfies the most wants and the issues at hand to devise possible resolutions. Brainstorming will allow participants in the group to provide different suggestions or ideas, thus creating more options. Once all views were presented, we then narrowed the alternatives to the top three with everyone’s agreement involved in the critical thinking process. (Explain the steps for decision making, 1999-2011) A1b. The benefits of the first alternative are having a second opinion. Whistles should not necessarily be discarded if after an additional test shows that the whistles do meet the legally acceptable limits of the lead in them. A disadvantage of the second opinion is the cost of having an additional test done to confirm the amount of lead in the whistles. Not only will it cost to have the test done, but to ship the whistles to the lab. The benefits of getting the manufacturer involved are taking the responsibility...
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...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...
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...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...
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...(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...
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...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...
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...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...
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...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...
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...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...
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...JDT2 Task 3 A1. Benefits There is significant purpose behind performance appraisals and they should be taken seriously to be effective for the employee and the employer. The main benefits that can result from a well performed performance appraisal is increased communication, understanding employees goals, and that it provides an opportunity for the employee to learn about what they are doing well, and where they can improve. “An effective appraisal may not only eliminate behavior and work-quality problems, it can motivate an employee to contribute more” (Bigelow, 2014). Overall this reflects well on the employee because it provides them with clear direction in where they need to be headed as far as organizational goals and personal goals are concerned. In addition it provides the employee with an understanding of their personal strengths and weaknesses as well as what their role is in the organization. Appraisals offer designated time where the employee and their supervisor are able to communicate and create a common ground for the both of them to know where each person is coming from. This in turn benefits the employer because the employee then knows the path they are on and how they can improve themselves or keep up the hard work they are already doing for the company. Appraisals when delivered well provide the employer the opportunity to recognize the employee for any achievements. This strengthens the employee-company relationship substantially. Having a designated time...
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...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...
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...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...
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...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...
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