DATE:
TO:
FROM:
RE: Lawsuit involving former employee, Rebekah Sendak
Per your request, an analysis of the principle issues presented by the law firm of Simpson, Lee & Berkowitz, LLC, representing Rebekah Senday, former production employee of The MY TOY COMPANY (hereto being referred as “MTC”). In the lawsuit, Sendak alleges that MTC is in violation of Title VII of the Civil Rights Act of 1964 for Constructive Discharge under Religious Discrimination1. Sendak filed the post-resignation claim against MTC in March of 2009, stating that she was coerced into resignation shortly after MTC enforced the new production shift policy in January 2009, which included rotating weekend shifts (Saturday and Sunday). Sendak bases her claim upon the position [that] as a Seventh Day Adventist, Saturdays are considered “religious holy days” and the enforcement of such a policy by MTC subjected her to religious discrimination.
Applicable Legal Principles to the Claim
After consultation with MTC’s Human Resources and Legal Counsel, the following Equal Employment Opportunity Commission legal and regulatory requirements have been 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 production shift work to weekend rotating shifts (including Saturdays and Sundays) was a result of a 47% growth in sales during 2008, 2. All production staff were informed of the new shift policy (outlining the extended work hours based upon production demands) 4 weeks prior to starting the 4-12 hour rotating shifts, 3. Production Managers were required to obtain a policy-acknowledgment signature by each employee upon becoming informed of the new shift policy, as well as ascertain and address any hardships, significant scheduling concerns or potential production disruption due to threatened or actual employee resignations. 4. After speaking with Tina Jones, Production Manager under which Sendak was assigned, Rebekah Sendak’s policy-acknowledgment signature is on file, and there is no recorded indication of a concern voiced by the former employee request nor was there a request for religious accommodations or schedule change due to her religious beliefs or obligations. 5. According to CFR, Title 29 Regulations Related to Labor, if the employee provides MTC with the timely awareness of and provides necessary information about his or her religious needs, MTC is obligated under the law to determine if reasonable alternatives to the newly enforced extended work shifts exist for the employee, and if the employee’s religious expressions or practices can be reasonably accommodated by MTC, unless doing so would cause more than minimal impact upon the business of MTC, financially or operationally. 5
Recommendations toward Resolution
To remain in compliance with laws under EEOC and avoid further legal conflicts, Human Resources and Legal Counsel recommend the following employment practices: 1. Due to business productivity demands, MTC will continue extended work hours with rotating 4-12 hour shifts, involving Saturdays and Sundays, 2. HR will perform annual MTC Employee education and training related to entitlements under Title VII, as well as on examples of disparate treatment based on religion, race, color, sex, national origin, age or disability, 3. Managers will receive additional training on monitoring, addressing and recording employee concerns or needs based upon entitlements (i.e. religious) under Title VII to avoid potential disruption or unfavorable treatment perceived by employees, 4. Employees will be reminded to complete the Employee Engagement Surveys located in the break rooms as well as in HR to share concerns regarding workplace policies and practices, 5. Managers will be instructed to consult with HR in a timely manner when presented with a request for such as a need for religious accommodations, prior to taking any actions, as to avoid undue hardships for MTC and assure business expectations and requirements are met. 6. MTC will continue to monitor production staff duties and conditions to resolve any perceived or actual intolerable working conditions which may result in actual or potential forcing of employee resignations(s). Thank you for allowing me the opportunity to review this claim. Please contact me if you have questions or require any additional information.