Joe Nackashi, CEO
Dan Burnett, Manager
Subject: EEOC constructive discharge claim by former employee -------------------------------------------------
This memo is to update you on my findings and recommendations relative to the recent EEOC (Equal Employment Opportunity Commission) case, filed under Title VII of the Civil Rights Act of 1964, against our company by a former employee. In this case, the former employee is claiming “constructive discharge” for religious discrimination. His claim of religious discrimination stems from the new production schedule that was implemented at the beginning of this year to support our company’s growth. The new production schedule requires him to periodically work on Sundays, which he considers a holy day and actively observes.
* Prior production schedule:
1. Monday through Friday
2. 8-hour shifts
* Current production schedule:
1. Monday through Sunday
2. 12-hour shifts
3. Rotating 4 days on, 4 days off
* Title VII of the Civil Rights Act of 1964:
1. Prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day [ (Equal Employment Opportunity Commission [EEOC], Title VII of the Civil Rights Act of 1964) ]. Since our company has more than 15 employees, we are legally required to abide by Title VII. 2. Defines constructive discharge as meaning an employer’s discriminatory practices made working conditions so intolerable that any reasonable person would have resigned (EEOC, Prohibited Employment Policies/Practices). 3. An employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer [ (EEOC, Religious Discrimination) ].
1. The former employee was a long term, valued, well liked, employee with a stellar performance reviews and employment record. 2. The resignation occurred after the new 7-day work schedule policy went into effect at the beginning of this year. 3. We can find no record of written or verbal communications between the former employee and any level of management and/or HR where the former employee: a. Made management and/or HR aware that he considers the new policy to be religiously discriminatory because it will require him to periodically work on Sundays, which he considers a holy day and actively observes. b. Requested management and/or HR to provide accommodations so that that his work schedule never include Sundays.
* Former employee’s claim of constructive discharge:
Based on the employee findings relative to the Title VII requirements to claim constructive discharge for religious discrimination, there is no evidence to support the former employee’s claim. Therefore his resignation was voluntarily. My recommendation is for our company to file for immediate dismissal of the former employee’s case based on the following:
1. Our company cannot respond to, much less correct something it is not aware of. Prior to resigning, the former employee did not make management and/or HR aware that he viewed the new policy as religious discrimination nor did he ever request any accommodations [ (EEOC, Religious Discrimination) ]. 2. As a result of #1, our company was never given the opportunity to resolve the issue prior to the former employee resigning. In general to claim constructive discharge, an employer must be given reasonable time to resolve the issue [ (Kilgore v. Thompson & Brock Management Inc, 1996) ]. 3. For an employee to claim constructive discharge, a company must be specifically targeting that employee to resign [ (Lee v. state board, 1995) ] . This was not the...
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