Constructive Discharge

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  • Published : December 15, 2012
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Memo
To:CEO
From:Elementary Division Manager
Date: 12/07/2012
Re:Constructive Discharge, Employee ID - 4022
Message:
With respect to the case filed by our former employee against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to draw your attention towards the legalities of constructive discharge. Constructive discharge occurs when employees resign because their employer's behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign (Constructive Discharge). The employee has charged the company with constructive discharge and same if proved can create problems. According to our new work schedule the employee needs to work on his religious holiday which has not been taken well by him. Since the employee is required to work on his religious holiday and same has been mentioned as the sole reason for discontinuing his employment with the company so constructive discharge as a legal concept is valid to the scenario. It is unlawful if an employer discriminates 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. (Title VII of The Civil Rights Act, 1964). Title VII clearly states that “an employer has a duty to reasonably accommodate its employee’s religious beliefs as long as the accommodation is not an undue hardship.” "Accommodations" include allowing employees to have flexible schedules for religious holidays; however it also says that an employer has the right to refuse accommodation if doing so would pose an unnecessary burden on the employer. Here, the employee has raised case of constructive discharge after change in the work schedule policy change. All the issue can be sorted out if we offer accommodation to the concerned employee by changing the days on which he is required to work which will take care of his...
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