...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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...memorandum for executive offfice to: | CEO of ABC Toy’s | from: | Brandon Pope (Division Manager) | subject: | Religious discrimination claim | date: | April 19, 2014 | | | Religious Discrimination Claim: The ABC Toy’s lawyer recently notified me in regards to a past employee who put forth an alleged claim against our toy company, utilizing Title VII of the Civil Rights Act of 1964. The former employee is also saying that constructive discharge has taken place, stating that he was forced to leave the company due to his religious beliefs. From this point forward I will provide adequate information from multiple sources in efforts to make educated recommendations to ABC Toy’s. A. Constructive discharge. As of January 1, ABC Toy’s implemented an updated work schedule to assist with the company growth in efforts to meet the consumer demands. ABC Toy’s required employees to work a rotating schedule that included 12 hours of work time daily, but only 48 hours a week. Those 48 hours may be scheduled any day of the week, Monday through Sunday. This policy was put in effect for the production staff, requiring all production staff members to work this rotating shift, and consequently some of those rotating days happened to be a day of religion for the disgruntled former employee. The former employee resigned, shortly, after the work schedule was put in place. As a result of this schedule change the former employee is alleging that constructive discharge took place...
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...Human Resources, Task1, Constructive discharge A constructive discharge occurs when an employee is legally justified in claiming that he was compelled to resign because the employer has made working conditions intolerable (By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).In this situation, an employee resigns because the employer was unresponsive to a harassment complaint. Complaint is about policy requires employees to work on a religious holy day .In this scenario Discrimination is harassment on the basis of religion. Employees with written contracts of employment have been more successful in proving constructive discharge when their employers unilaterally change the nature of their jobs(By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).If the employee has job agreement and description and that description includes work time then employer changed this work time and employee quit his job because of this reason that can cause employee sue the company. In order to prevent this kind of situation, employer should talk with employee about changing time shift or give permission to him during religious holyday. When employer hire their employee, he should come with agreement and job description otherwise this will cause problem every time. Human resource must make strong decision about their rules. May be source of problem is something else but employee approach the situation with discrimination. One of the possible thing is employee has part...
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...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...
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...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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...Best Toy Ever Company Mr. Charles Smith CEO ! ! Dear Charles, My findings for the claim filed against Best Toy Every Company in regards to changing the work schedule policy is as follows: A. Constructive Discharge: A discriminatory constructive discharge occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person in the aggrieved person's position would feel compelled to resign. In other words, the aggrieved person is essentially forced to resign under circumstances where the resignation is tantamount to the employer's termination or discharge of the employee. (eeoc.gov) As a company we need to ensure that all accommodations were made to the employee before the employee decided to resign. Options that could have been extended to the employee would have been: a possible transfer to the “office” department- to keep current schedule; possibility of trading shifts with other employees to cover the holy day. The current information known about this employee, I do not believe that constructive discharge took place. The option to quit the current position was not forced, but elected by the individual. More details would be needed to confirm, but from the summary about the previous employee, it does not mention that the company did not attempt to work the former employee to keep them employed. Employees need to understand that different items (including productions schedules) change from time...
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...conflicted with his observance of holy day. Due to this the employee choose to resign. B. Title VII Title VII is also known as the Civil Rights Act of 1964. It was created to prevent forms of discrimination related to racial, ethnic, national and religious minorities and women. The official Title VII documents define: The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. Section 2000e-2 a1 states: It shall be an unlawful employment practice for an employer- 1. 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 or employment, because of...
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...Maldives Business School | Cover Page | | | | | ASSIGNMENT BRIEFBTEC Level 7 Extended Diploma in SML/L8PGDSML | The student must fill the relevant parts of the following table. | First Name | Last Name | Student ID | Task No. | Date submitted | Date issued | | | | | | 10 April 2015 | Statement of authenticityI, the above named student, hereby confirm that this assignment is my own work and not copied or plagiarized. It has not previously been submitted as part of any assessment. All the sources, from which information has been obtained for this assignment, have been referenced in the Harvard format. I further confirm that I have read and understood the Maldives Business School rules and regulations about plagiarism and copying and agree to be bound by them. | Assignment summary information | Unit | Unit 10: Strategic Human Resource Management | Assignment type | This is an individual assignment. | Tasks | Submit on | Do on | Task 1: AC 1.1, 1.2, 1.3: A review for senior managers | 10 May 2015 | NA | Task 2: AC 2.1, 2.2, 2.3, 2.4, 3.1, 3.2: A human resource plan | 28 May 2015 | NA | Task 3: AC 4.1, 4.2, 4.3, 4.4: A report for the head of the HR department | 27 June 2015 | NA | Extensions | An extension must be applied for in writing by individual students and will only be granted for valid reasons. | Late submissions | Late submissions will be charged MVR 500. | Resubmissions | Two resubmissions are allowed. Each resubmission will be charged...
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...title Unit 14: Working with and Leading People Unit 13: Personal and Professional Development Qualification Pearson BTEC Level 4 and 5 Higher Nationals in Business Start date 09/05/2016 Deadline/hand-in 30/06/2016 Assessor Zakwan Rahman Assignment title Cycle of Human Resources Purpose of this assignment Human Resource is one of the vital department in an organization. Human Resources Department need to perform their roles efficiently to help an organization achieve their vision and mission. Handling the resources will be a big challenge to the department and numbers of obstacle problems will arise from time to time. Apart from the roles of Human Resources, leading a group of people to achieve the same mission also can be listed out as a challenge. By possessing the skill of leadership, the personnel can prevent any problems, reduce the risk and achieve the objective. This assignment will help the student to know the role of Human Resources Department more clearly and learn the attributes to become a great leader. Scenario You are working as a human resource personnel at A new problem arises in the. The problem is related to the Human Resource Department. There are few cases have been reported to the labour court. Most of the cases are related with the previous employee that been terminated. Apart from that, there are also problems with the new appointed employees. In certain departments, there are overflow of staff and in certain...
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...|Assignment brief – QCF BTEC | |Assignment front sheet | |Qualification |Unit number and title | |BTEC Level 3 Extended Diploma In Business |Unit 16: Human Resource Management in Business | |Learner name | Assessor name | | | C Graham, F Mooney, J Robinson, E Smith | |Date issued | Hand in deadline |Submitted on | |1 W/E 26/01/2015 |W/E 27/02/15 | | |2 W/E 26/01/2015 |W/E 27/03/15 | | |3 W/E 26/01/2015 |W/E 17/04/15 | | |4 W/E 26/01/2015 |W/E 15/05/15 ...
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...The study highlightedchallenges affecting the water sector in Limpopo Province, identified water service organisations (WSOs), assessedthe degree of congruence between the challenges and capacities of WSOs, and finally proposeda water management decision model for the area. Water challenges were (a) scarce resource availability and inadequate storage, (b) some dam never filling up, (c) poor resource knowledge of water managers, (d) lack of stakeholder participation in resource decision making, and (e) poor allocations to rural communities. The main WSOs were Department of Water Affairs-DWA (congruence rating=2.00) and water service authorities (WSAs), namely: Mopani District Municipality-MDM (congruence rating=2.15), Vhembe District Municipality-VDM (2.15) and Polokwane Local Municipality-PLM (2.15). The degree of congruence was high (2.75) between challenges and strategies, moderate (2.45) between strategies and tasks and low between allocation and use of human resources (1.50), making it the most significant constraint to WSOs addressing water challenges. Key words:Congruence, water challenge, water service authority, organizational capacity, decision model 1. Introduction, Congruence Model Periodic droughts and population growth have placed burdens on water supply and...
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...Job Title and why: Human Resource Manager; I chose to study this occupation because it is the position that I would like to obtain. Methods used and why: Prior information and interviews; I chose to use these methods because I was able to find the information online and through a Human Resource Manager that I know. The sources used and why: Job Incumbents; this source was the easiest to use because I was able to gain insight from someone who was familiar with the tasks involved in Human Resource Management. The Process Used: 1) Gather existing job information from O*NET, current job description and give questionnaire to incumbent. 2) Prepared a written outline of tasks, job duties and computer skills needed 3) Review and rewrite the tasks needed 4) Finalize the tasks needed and speak with incumbent to make sure they are correctly worded. 5) Develop the job requirements matrix Job Requirements A. Summary of Position Design, direct, and organize human resource management activities of an business to take full advantage of the tactical use of human resources and sustain tasks such as employee benefits, staffing, employee procedures, and regulatory compliance (ONET). B. Job Duties 1) Analyze and adjust benefits and compensation. Create reasonable programs and guarantee that the organization is within legal requirements. 2) Organize and conduct new employee orientation. 3) Guide managers on the organizations policies on subjects such as EEO, “sexual...
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...BTEC Level 3 Extended Diploma/Diploma in Business |Unit: 16 Human Resource Management |Subject Tutor: | | |Claire Dodson | |Assignment Title: Human Resource Planning |Ref: 1 of 2 | |Student Name: |Personal Tutor: | | |Lisa Sultanti | |Overall Target Grade: |Unit Target Grade: | |Issue date:14/10/14 |Submission date: 24/10/14 | |Extension Granted: |Submission Date: | |P1 | |M1 | | |P4 | | | | |P5 | | | | |P6 | | | | Final Assignment Grade ...
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...London School of Business & Management QCF level 4: BTEC Higher National Diploma Centre No Unit No & Unit Title Course Title Lecturer’s Name Assignment Title Assignment No Date Set Due Date Semester / Academic Year 79829 Unit 21: Human Resource Management HND Business Nooreen Jafferkhan Human Resource Management No: 1 02 October 2014 09 January 2015 September 2014 Unit Outcomes Covered: LO 1: Understand the difference between personnel management and human resource management LO 2: Understand how to recruit employees LO 3: Understand how to reward employees in order to motivate & retain them LO 4: Know the mechanisms for the cessation of employment GRADING OPPORTUNITIES AVAILABLE Outcomes/ Grade Descriptors P1 P2 P3 P4 P5 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 V Outcomes/ Grade Descriptors M1 V M2 V M3 V D1 V D2 V D3 V V V V V V V V V V V V V V V COMMENTS: Assessor Signature: ______________ IV COMMENTS: Date: ___/___/___ 1 Tutor Notes Key Points: Your assignment should be handed in by the deadline. The assignment must be your own work and original. All sources of reference must be included. You will be expected to check spelling mistakes and grammar. Your name, student no and unit no should be in the footer of every page. It should bear an appropriate report structure (such as a Table of Contents, Introduction, Discussion, Conclusion, References, and Appendix (if...
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...Human Resource Management The case study is on Harrods and each task is 1000 word. UK COLLEGE OF BUSINESS AND COMPUTING Module Booklet Course: EDEXCEL BTEC Group: Ed excel HND Group Module: Unit 21 – Human Resource Management Module type: Optional Module Code: : K/601/1264 Module Credit: 15 Teaching Period: (15+6 weeks) Level: 4 Contact Hours: (15*3+6*3 = 63) Lecturers: 15 weeks Revision Clinic: 3 week Feedback and assignment guidance: 3 weeks Lecturer: Mr Stephen Moore Start date: 03/10/2013 Day: Thursday Time: 10.00 – 1.00 Room: LH 02 Term: Sept 2013 – Jan 2014 CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS Welcome to the Human Resources Management lecture class Module Leader: Mrs. SUNITA KOTTA ...
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