(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 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 protected categories within Title VII of the Civil Rights Act of 1964. Religious discrimination involves treating someone differently because of his or her religious beliefs.

C1: Recommendation for company response: Maintain that there