Constructive Discharge: Case Study
TO: CEO, Toy Company
FROM: Elementary Division Manager
DATE: October 13, 2014
SUBJECT: Claims of constructive discharge
As you have requested this investigation to be conducted regarding an ex-employee that has filed a case against the company in regards to a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. After much investigation and review, following is the recommendation and summation generated from the case law.
Constructive discharge by definition is when an organization employee resigns because he/she feels that the employer’s actions has become unbearable, unacceptable or has made working conditions so atrocious for him that he does not have any other option than to forcefully resign and leave the organization. …show more content…
The article talks about religion in the Workplace and highlighted the five mistakes employers do in terms of religious accommodation, this references to Fenwick & West. Five mistakes where discussed in this article concerning employer’s religious accommodation. There are two judgments that employers is suppose to make as in regards to religious accommodation. Which are the belief “religious” in nature and does it appear to be a sincerely held practice of the employee?
Fenwick & West, an employment brief that portrays a federal district court in Oklahoma that held recently an EEOC employer must make necessary religious accommodations to its dress code policy. In this particular event, the EEOC brought a case against a clothing retailer Abercrombie & Fitch who refused a young teenage girl an employment due to her religious compulsory head shawl she wore on her interview day. The court strongly disagreed with the company; found that Abercrombie did not give enough proof to prove that the teenage girl’s shawl will cause more problems to the company by accommodating her religious beliefs. This singular action constituted unlawful religious discrimination under Title VII of Civil Right Act (Supra, …show more content…
I recommend the company to reassess their new policy on work schedule and shift, and add some changes to the company’s policy that stated that accommodations with a reason can be provided to the employee for the assigned days. I would recommend that in future for the company to provide a good and reasonable accommodations for its employee towards their various religious belief according to the law. I would advice the managers in the company to call the attention of the employee and find out reasons why he wants to leave the company, if the employee permits to do so. This will bring a mutual understanding between the company executives and the employee and the problems might be resolved amicably and will save the company from having a record of not resolving issues with their employee in issues that can be handled amicably. I would suggest that if event like this repeat itself in the future, an adjustment should be made on the employee’s work schedule to accommodate the employee’s request for a day off because of their religious
FROM: Elementary Division Manager
DATE: October 13, 2014
SUBJECT: Claims of constructive discharge
As you have requested this investigation to be conducted regarding an ex-employee that has filed a case against the company in regards to a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. After much investigation and review, following is the recommendation and summation generated from the case law.
Constructive discharge by definition is when an organization employee resigns because he/she feels that the employer’s actions has become unbearable, unacceptable or has made working conditions so atrocious for him that he does not have any other option than to forcefully resign and leave the organization. …show more content…
The article talks about religion in the Workplace and highlighted the five mistakes employers do in terms of religious accommodation, this references to Fenwick & West. Five mistakes where discussed in this article concerning employer’s religious accommodation. There are two judgments that employers is suppose to make as in regards to religious accommodation. Which are the belief “religious” in nature and does it appear to be a sincerely held practice of the employee?
Fenwick & West, an employment brief that portrays a federal district court in Oklahoma that held recently an EEOC employer must make necessary religious accommodations to its dress code policy. In this particular event, the EEOC brought a case against a clothing retailer Abercrombie & Fitch who refused a young teenage girl an employment due to her religious compulsory head shawl she wore on her interview day. The court strongly disagreed with the company; found that Abercrombie did not give enough proof to prove that the teenage girl’s shawl will cause more problems to the company by accommodating her religious beliefs. This singular action constituted unlawful religious discrimination under Title VII of Civil Right Act (Supra, …show more content…
I recommend the company to reassess their new policy on work schedule and shift, and add some changes to the company’s policy that stated that accommodations with a reason can be provided to the employee for the assigned days. I would recommend that in future for the company to provide a good and reasonable accommodations for its employee towards their various religious belief according to the law. I would advice the managers in the company to call the attention of the employee and find out reasons why he wants to leave the company, if the employee permits to do so. This will bring a mutual understanding between the company executives and the employee and the problems might be resolved amicably and will save the company from having a record of not resolving issues with their employee in issues that can be handled amicably. I would suggest that if event like this repeat itself in the future, an adjustment should be made on the employee’s work schedule to accommodate the employee’s request for a day off because of their religious