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Human Resources Task1

In: Business and Management

Submitted By jemily3014
Words 1208
Pages 5
Memorandum
To: CEO of Toy Company
From: Elementary Division Manager
Date: 10/22/2014

A. Constructive Discharge as a Legal Concept relevant to this scenario

The company attorney has informed us that Mr. Smith, a former employee, has filed a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. Mr. Smith claims due to our new production schedule we practiced religious discrimination by forcing him to work on a religious holy day.
According to the AAUW “Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.” (AAUW, 2014) Contructive discharge happens once an employeer engages in a practice that creates an intolerable work life for any of the above listed protected groups.
According to the University of Chicago Law Review, there are two different tests that have been developed for deciding if an employee has been constructively dishcarged. The first test is a reasonable person test. This test simply looks at a reasonable person and decides if they would have found the conditions to be inolerable. (Finnegan, 1986) The next test is an intent test. This test requires the plaintiff to show that the conditions were intolerable but also show that these conditions were created with the intent of forcing the employee to resign. (Finnegan, 1986) I believe Mr. Smith’s allegations will not pass either test. This is the only allegation to date on this topic, leading me to believe the other employees or resonable persons do not find this schedule to create intolerable conditions. Next by showing the compnay growth and the needs for the increased production schedule it should satisfy the intent test. Of course any other documentation that can be shown to back up this statement will help. B....

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