interoffice memorandum to: | CEO | from: | Robby Hinson | subject: | Title vii | date: | June 10, 2014 | cc: | | | |
A former employee recently filed a claim against our organization in reference to Title VII of the Civil Rights Act of 1964. I researched and reviewed multiple case studies related to this situation and have provided a recommendation based on this research.
For starters, Title VII of the Civil Rights Act of 1964 states that “It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.” (FINDLAW) This act was passed to help promote equal employment opportunities for females and minorities. The former employee feels that his rights were violated because he was required to work on what was considered a holy day based on his religion, however, there is no indication that the employee made the company aware of this issue.
As you are aware, we recently implemented a schedule that would require all non-office staff to work twelve hour shifts on a rotating 4 days on, 4 days off work period. This schedule was made with no reference to time off for religious holidays. The claim against the organization stems from a former employee who was displeased with the new scheduling requirement, which forced him to work on a holy day.
According to the U. S. Equal Employment Commission, constructive discharge is defined as “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” (EEOC) Furthermore, the EEO states that “an employer is liable for constructive discharge when it imposes intolerable