Free Essay

Hr Task 1

In: Business and Management

Submitted By sprklstephy08
Words 1179
Pages 5
To: CEO
From: Stephany Dotson
Subject: Title VII Civil Rights Act of 1967, Constructive Discharge Claims
Date: 08/19/2014

A former employee has filed a claim against our company under Title VII of the Civil Rights Act of 1964, constructive discharge. Constructive discharge in the eyes of the court is when an employer makes the working environment intolerable, the employee then quits because of the intolerable work environment (http://business.laws.com/sexual-harassment/civil-rights-act-of-1964). The former employee is claiming that because of the policy change in work schedules for the production members he was forced to quit because of discrimination to his religious practices that we are requiring him to work on their religious holy day. The former employee did indeed quit shortly after the policy change and he was not fired. Our response to this current situation, with this former employee, is we can offer the employee his position back with our company with the requested holy days off and floating days for his religious holidays. His requests do not put a strain on our company and should be granted based off the Title VII of the civil Rights Act of 1964. As shown below similar court cases have established what an employer must do in a religious discrimination case. As stated in Title VII of the Civil Rights Act of 1964 “Employers generally should not refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that not doing so would cause undue hardship” (http://www.eeoc.gov/eeoc/publications/fs-religion.cfm). Religion is a protected category under the Title VII of Civil Rights Act of 1964. As an employer we cannot discriminate against employees of any religion. The employees chosen practiced religion does not have to be one that is a commonly practiced religion to be considered a religion. Although, the religion of the former employee has not been released, whichever religion he practices is included under the Title VII of Civil Rights Act of 1964. The employee after the schedule changes did not request accommodations to be made to allow him to have religious holy days off. An employee must “an employee who seeks religious accommodation must make the employer aware both of the need for accommodation and that it is being requested due to a conflict between religion and work” (http://www.eeoc.gov/eeoc/publications/fs-religion.cfm). The employee had not made management or HR aware of any accommodations needed because of religious basis. The company was only made aware of the situation after the employee had quit and filed a case against us. Since the employee did not given written notice, we will be willing to honor his requests if he will continue to work with our company. Our company can make the accommodations needed to honor his holy days. To respond to the employee’s charge of constructive discharge we can negotiate floating holidays that can be used for his religions holy days. Our company will be giving all employees three days of floating holidays to use on any day they choose that is available. In the case of Ronald Philbrook V. Ansonia Board of Education (1984), offered various types of paid days off the employee could take for his religious holy days (http://law.justia.com/cases/federal/appellate-courts/F2/757/476/425866/). Using the term “Floating Holidays” could make employees feel that they are using this time in place of non traditional holidays that have days off, for instance like Christmas. This would make the employee feel like they are not giving up their vacation time for their religious practices. In the case of Chrysler Corporation V. Curtis L. Mann, Trustee in Bankruptcy of William H. Blakely (1977), the employee did not take requested days off for his holy days (http://law.justia.com/cases/federal/appellate-courts/F2/561/1282/419169/). In this court case William Blakely an employee of Chrysler Corporation sued Chrysler for firing him due to unexcused absences that were from religious practices. In our situation we did not fire the employee, nor did he have unexcused absences. The employee voluntarily quit before inquiring about his religious practices right within our workplace. Our company tries to work with the employee to the best of our ability. We will ensure all employees are aware of this practice, to try to honor their religious needs and the steps necessary to submit their requests. The correct steps need to be used to ensure requests are handled properly. To avoid a situation like this in the future, the company should immediately present a new employee handbook that outlines the following changes: we will offer three floating holidays a year that employees can use at any time and the process to make special requests regarding religious practices. Offering floating holidays to our employees is to allow those that have religious holidays that the company is not closed for, to have those days off. In the handbook it will clearly outline the policy about religious holy day requests. The handbook will inform employees how to submit a request for religious practices/ holy day requests. A form will be available in the human resources office for the employees to submit their requests on, this will be stated in the handbook. The employee must submit the completed form to their manager, who will have 24 hours to submit the form to HR for approval and the manager must sign off on the form before handing it off. Once HR has received the form will have one week to evaluate the request and either deny or accept. In the handbook it will clearly state the amount of time the direct manager and HR have to complete the request. This is to prevent any confusion as to the length of time to hear a response. If any request is denied by HR the reasons for denial will be explained and given back to the employee. All documentation regarding religious practice requests from employees will be filed in case any issues should arise. All employees will be required to sign a document stating they read and understood the new policies within the handbook. In implementing these changes to the employee handbook we are ensuring there is no confusion around religious holy days and religious practices within our company. By offering the floating holidays we are trying to avoid a situation similar to the case Chrysler Corporation V. Curtis L. Mann, Trustee in Bankruptcy of William H. Blakely (1977), where an employee felt they had no choice but to have unexcused absences to practice their religion. Title VII of Civil Rights Act of 1964 makes it clear that a company must do what they can to honor an employee’s request based of religious practices if it does not hinder the company. By having a written process on how to request days off due to religion we are creating a process so requests do not get overlooked and they get handled in a timely manner.

Similar Documents

Premium Essay

Hr Task 1

...HR Task 1 Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must be determined: -Evidence of intolerable working conditions are present, therefore a practical employee is forced to resign. - Evidence of the employee notifying the employer the intent to resign because of intolerable working conditions and the employer is unresponsive to the employee’s concern. - Evidence of improper conduct, including violent, sexual or discriminatory harassment by the employer. - Evidence of independent contract changes by the employer, which include pay cuts, hour changes, delayed wages, refusal of holidays and suspension without pay. Constructive discharge as a legal concept is relevant to the case of the former employee filing a claim against the company under the Title VII of the Civil Rights Act of 1964. This former employee filed a claim against the company for the reason of the alleged enforcement to the company’s new shift policy. B. There are several areas mentioned in Title VII of the Civil Rights Act of 1964, which pertain to this scenario. Under Unlawful Employment Practices, SEC.......

Words: 931 - Pages: 4

Free Essay

Hr Task 1

... Human Resources Task I Western Governors University May 19, 2014 2 A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand. B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate 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” (SEC. 2000e-2, 2014). C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge. 1. Discuss how three chosen legal references support your recommendation. a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in......

Words: 816 - Pages: 4

Premium Essay

Task 1 Hr

...The employee must inform management prior to resignation. This reasonable request or requirement would allow the employer to make reasonable accommodations. If an employer is tolerant of all religious beliefs and is willing to accommodate specific needs of individuals, it is still impossible to read minds of every employee and know every special religious belief. This given fact puts more burdens on the plaintiff to prove deliberate acts perpetuated by the employer to cause hardship or conflicts with an individual’s right to practice their religion as they perceive it to be practiced. Not the employer’s belief on practicing religion. CONSTRUCTIVE DISCHARGE UNDER TITLE VII AND THE ADEA. The Case Law on Constructive Discharge 1. The Reasonable Person Test. The majority approach holds that an employee has been constructively discharged if an employer's discriminatory acts result in working conditions so in- tolerable that a reasonable person in the employee's position would feel compelled to resign (Finnegan, 1986, pg 563). There is a substantial amount of case law that addresses the burden of proof on to the plaintiff. The predominant underlying question within the cases below is, was the employer deliberate in its actions? Was the action by the employer aimed to cause a conflict to a specific individual? If we as an employer make a decision to benefit the company and employees, was it intended to alienate an individual or certain individuals to......

Words: 3212 - Pages: 13

Premium Essay

Task 1 Hr

...that we are abiding by the EEOC and Title VII of The Civil Rights Act of 1964. This will help us avoid legal issues around Title VII of the Civil Rights act of 1964, maintain a good reputation in the eye of the public, and save us unnecessary legal costs and time. If he intends to pursue further legal action we can provide our documentation and research (refer to above paragraphs) which proves that the schedule change can’t be considered a constructive discharge under Title VII of the Civil Rights Act of 1964. I hope that this information and research will provide our company with an effective way to respond to this employees claim and help save us from using unnecessary legal funds and efforts. Thank you. References 1. Supreme Court of California. Supreme Court, (1994). James m. turner, plaintiff and appellant, (S029855). Retrieved from website: http://scholar.google.com/scholar_case?q=turner anheuser 2. Find US Law. (1964). Civil rights act of 1964 - cra - title vii - equal employment opportunities - 42 us code chapter 21. Retrieved from http://finduslaw.com/civil-rights-act-1964-cra-title-vii-equal-employment-opportunities-42-us-code-chapter-21 3. Luis Gomez-Mejia, David Balkin and Robert Cardy. Managing Human Resources, 6/e VitalSource for Western Governors University, 2012. Bookshelf. Web. 27 May 2013 <http://online.vitalsource.com/books/9781256819837/id/ch03lev2sec3>. 4. See, e.g., Store v. Department of Human Rights, 299 Ill.App...

Words: 1230 - Pages: 5

Premium Essay

Jdt2 - Hr Task 1

...defense to providing religious accommodation requires an employer showing that the proposed accommodation causes a “more than de minimis” cost or burden.” 42 U.S.C. § 2000E (j). After analyzing this case and researching additional cases of this nature, it is my opinion that the employee has no legal backing to prove their case, and the company is not guilty in the charges placed against us, and therefore should defend our position. The company should take certain things in consideration when responding to this complaint. Firstly, it must understand and address the employee’s initial burden of proof. To establish a Title VII religious accommodation claim, an employee must first establish three elements to substantiate their claim: 1) he or she holds and practices in their religious belief, 2) the employer was informed of the belief and it caused conflict with their employment status 3) the employer subjected the employee to an unpleasant environment and/or employment decision due to the employee failing to fulfill job requirements resulting from conflict with their religious practices and beliefs. Secondly, it must consider the issue of “undue hardship”. The burden of proof when establishing undue hardship is on the employer. To prove undue hardship, the employer will need to show how much cost or disruption a requested accommodation would causeAn excessive hardship is validated if it would cause more than “de minimis” cost on the operation to the business.......

Words: 1722 - Pages: 7

Free Essay

Hr-Rjdt Task 1

...cited as applicable to the claim: 1. Under Title VII, it is unlawful for employers to discriminate against an applicant or employee (or former employee), based upon that person’s “race, color, religion, sex or national origin or protected activity”. 1 2. “Religious discrimination involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs”2 or practices, where the person’s moral or ethical beliefs influences their ideals (principles of right and wrong), which may be upheld by traditional views.3 3. In order to remain in compliance with the laws enforced by the EEOC, it is the employer’s responsibility to “reasonably accommodate the religious practices of the employee (or prospective employee) unless the employer determines that such an accommodation would result in undue hardship on the conduct of its business”4. 4. R. Sendak’s adherence to her religious belief or practice, irrespective of the motivation, is considered “religious” under Title VII, for which MTC is being held liable for failing to accommodate requests related to the employee’s religious beliefs, leading to Sendak’s constructive discharge (legal justification to resign). Review into Compliance with Employment Laws As a result of our extensive review of the claim, and related MTC policies and practices, we do not find that MTC is in violation of Religious Discrimination under Title VII based upon the following: 1. The decision to extend......

Words: 886 - Pages: 4

Premium Essay

Hr Task 1

...my finding and recommendations in the following memo. The area of the Civil Rights Act, Title VII 1 and 2 that is being used in this claim is the employer prevented the former employee from his religious holiday. An employer is not allowed to discriminate against an employee due to their religious practices or beliefs. Discrimination against religion is considered a protected class under the Civil Rights Act. The former employee believes that she was targeted by the company and was constructively discharged. Constructive discharge means that the employee, working in a hostile environment, such as an environment which was discriminating against her, was forced to resign. It was the Courts, not Congress that first crafted the constructive discharge concept to prevent an employer from "doing constructively what the act prohibits his doing directly." (NLRB v. Holly Bra, Inc., 1969). The former employee “constructive discharge” which is a way to help an employee who has quit a job due to the working conditions the employee had to deal with while at the job site. In this particular case, the employee can use “constructive discharge” due to the company changing the scheduling policy and having to work on religious holidays. The employee would have to show proof the employee felt the conditions of her work place were intolerable for her needs. A new technology, that HR Managers are using to ensure that each employee is treated fairly and not being discriminated......

Words: 1547 - Pages: 7

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......

Words: 4388 - Pages: 18

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.......

Words: 1915 - Pages: 8

Free Essay

Jdt Hr Task 1 Memo

...mandatory work schedule) has an unequal effect on one or more protected classes (Gomez-Mejia, Balkin, & Cardy, 2010). The company is required to make reasonable accommodations to accommodate religious practices. However, there is no documentation in the employee’s file that any such requests were made. Likewise, there is no documentation that the employee followed the company’s internal complaint resolution process. Therefore, the company may be able to defend themselves against the claim. Toy Box Industries should respond to the EEOC complaint by requesting litigation. Legal References In Turpen v. Missouri-Kansas-Texas R.R. Co., the court stated that in order to prove constructive discharge, an employee must “show that the employee: (1) has a bona fide religious belief that conflicts with an employment requirement; (2) informed the employer of this belief; and (3) was disciplined for failure to comply with the conflicting employment requirement” (Turpen v. Missouri-Kansas-Texas R.R. Co., 1984). Turpen filed a constructive discharge claim against his previous employer due to religious beliefs, when a schedule change required him to work on his religious holy day. The court ruled in favor of defendant when the plaintiff could not prove that he was disciplined for failure to comply with the conflicting employment requirement. In the current EEOC complaint, there is no written documentation that the employee informed TBI of his religious beliefs in relation to the new......

Words: 2375 - Pages: 10

Premium Essay

Xembra Case Study

...contains 55 tasks. Cash Flow This cash flow report indicates the baseline plan for spending on labor resources. Task Usage This task usage report depicts the number of hours, start times, and finish times for each task (and for each resource assigned to the task). • • • Inventory tasks are front-loaded to have the task complete as soon as possible. Report times are back-loaded to plan the time for the report to be completed and ensure availability of resources. Due to resource leveling with a resource constraint, some tasks are started, then paused, then finished at a later date to ensure that the project is not delayed by a second task to which the resource is assigned. Table 1: Resource Usage for Each Work Package and Task Task Number 1 2 Task Name Computer inventory and requirements Inventory computers in use by new telecommuters Elizabeth Marcel Determine requirements to use current computers Marcel Identify computers for upgrade Marcel Determine requirements for technology Elizabeth Clemencia Report outcomes for inventory and requirements Elizabeth Marcel Clemencia Technical support Determine technical support needed Hugh Jackson Identify staff requirements Hugh Jackson Report technical support needs and staff requirements Hugh Jackson Computing support Identify required computer support relative to inventory Kimberly Lianne Identify staff requirements Hugh Lianne Work 340 hrs 140 hrs 70 hrs 70 hrs 60 hrs 60 hrs 40 hrs 40 hrs 60 hrs 40 hrs 20 hrs 40......

Words: 14628 - Pages: 59

Premium Essay

Project Management

...take the training back to all Kudler Associates. | | Failure to mix internal and external expertise effectively | Team C and Kudler will participate in a team gathering once a week to share progress on the implementation project and address concerns from all parties. | | Lack of ability to recruit and retain qualified ERP systems developers | Team C will begin recruiting immediately for the implementation project. Team C will use a series of Tier 1 and Tier 2 Professional Services vendors to fill any gaps in staffing resource needs. | Skill Mix | Lack of senior management support | Team C will pull in a management team it has used in the past which has precious experience in delivering successfully a similar ERP implementation | | Lack of proper management control structure | The direct chain of command will be divided in a way that makes sense. Workload will be distributed in an efficient manner while limiting unnecessary bureaucracy. | Risk Category | Risk | Mitigation Strategy | | Ineffective communications | 1.Word of mouth from management staff2.News Letter sent electronically to all email boxes associated with the project | Software Systems Design | Failure to adhere to standardized specifications which the software supports | The project management team will be responsible for verifying any source code changes that may impact functionality. A second check will be performed by the deployment team to verify functional integrity before the source is......

Words: 7534 - Pages: 31

Premium Essay

An Essay on the Changing Role of the Human Resource Department.

...The impact of information technology on the HR function transformation By Yu Long 0123404 Graduation Committee: First supervisor: Dr. T. Bondarouk Course coordinator: Pro. Dr. J. K. Looise Master Thesis, Business Administration HRM University of Twente March, 2009 Preface This master thesis concludes my life as a student, which is performed under the supervision of Twente University in the Netherlands. The research is the terminal of the program Human Resource Management. Doing this research not only improves my skill on literature searching, information analysis, but helps me to gain more profound knowledge about e-HR. During the research, I have got great support from several persons, and now, here is the opportunity to thank them. At first, I give special thanks to Jiajie Li, my boyfriend. He accompanies with me during the whole research period. Besides dealing with my impatient and anxious attitude, he also put great effort on improving my thesis. His optimistic and serious attitude influences me, and makes me continue the research with better and better results every time. His support is very meaningful for my research period. Secondly, I would like to thank Ms. Tanya Bondarouk, and Prof. Jan Kees Looise for their excellent support, feedback and guidance. Both of them give me fruitful advice on how to improve my work. And they always give me timely feedback on my work, which encourages and makes me belief that I can hand in a satisfactory report under the......

Words: 28042 - Pages: 113

Premium Essay

Facing Changing of Hr

...are being made within organizations to change the way their human resource (HR) departments function. Advances in technology have caused HR departments to function in new ways; organizations are making a conscious move away from the administrative aspects of HRM. Instead, organizations are now looking at their HR managers and staff to provide information of a strategic nature. While this is not an easy process, it is one that organizations are committed. To stay competitive, organizations are reevaluating all aspects of their businesses. HR teams are now created to help in business matters; they are being used to further the business nature of the organization. In this paper, the new direction human resource management is headed will be presented. Also investigated will be the history of HR management, the ways human resource staff can stay relevant to organizations and the ultimate end state for HR. Introduction The business world is changing. The recent trend in globalization means competition is no longer local. Competitors can come from anywhere, and thanks to the internet, they do not even need to be constructed of brick and mortar. These changes require organizations to save money wherever they can if they wish to stay competitive. One of the ways organizations are saving money is by outsourcing much of their human resource requirements. By outsourcing portions of their HR responsibilities, organizations can save money by reducing staff and......

Words: 3578 - Pages: 15

Premium Essay

Hrm in Nishat Mills

...FINAL PROJECT OF Submitted To: PROF. Submitted By: MBA PROFESSIONAL (EVENING) Superior University Lahore TABLE OF CONTENTS | Contents | Page No. | INTRODUCTION OF NISHAT GROUP | 4 | MIAN MUHAMMAD MANSHA (FOUNDER OF NISHAT) | 5 | NISHAT MILLS LIMITED | 6 | HR DEPARTMENT | 7 | RECRUITMENT | 10 | SELECTION | 13 | TRAINING & DEVELOPMENT | 16 | PERFORMANCE MANAGEMENT | 18 | PERFORMANCE APPRAISAL | 19 | COMPENSATION MANAGEMENT | 24 | Conclusion | 25 | Bibliography | 25 | INTRODUCTION Nishat group is grown up from the cotton export and now it became a leading business group of Pakistan with five listed companies, focusing on the four businesses, Textile, cement, Banking, Power Generation. Nishat group is world famous group in the sector of textile, and having a great participation in the export of quality products LISTED COMPANIES:- * Nishat textile mills * D.G. khan cement * MCB Bank limited * Power generation BUSINESS WORTH:-     * Annual turnover 17 billion Rupees * 14 Billion from textiles * Earn foreign exchange US $ 236 million * Taxes and Levi of 2,080 million Rupees annually Mian Muhammad Mansha started his career as one of the most prominent industrialist of Pakistan. His textile mill in Faisalabad under the name of Nishat Mills still is one of the biggest textile units in Faisalabad. He formally joined the family business after completing his studies. Mian Mohammad......

Words: 3106 - Pages: 13