JDT2 task 1
Human Resources
Task I
Western Governors University
May 19, 2014
2
A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand.
B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer 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 of employment, because of such individual’s race, color, religion, sex, or national origin” (SEC. 2000e-2, 2014).
C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge.
1. Discuss how three chosen legal references support your recommendation.
a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in the scenario the entire production staff was mandated to this new schedule at the beginning of the year. There is no proof of discrimination of race, color, religion, sex or national origin because entire production staff was changed to four 12-hour shifts on a rotating schedule.
3
b. “Prima facie evidences in cases of religious discrimination usually include, first, the plaintiff had a genuine religious belief that conflicted with duties; second, the plaintiff informed the employer of the beliefs; and third, the employer
Task I
Western Governors University
May 19, 2014
2
A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand.
B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer 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 of employment, because of such individual’s race, color, religion, sex, or national origin” (SEC. 2000e-2, 2014).
C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge.
1. Discuss how three chosen legal references support your recommendation.
a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in the scenario the entire production staff was mandated to this new schedule at the beginning of the year. There is no proof of discrimination of race, color, religion, sex or national origin because entire production staff was changed to four 12-hour shifts on a rotating schedule.
3
b. “Prima facie evidences in cases of religious discrimination usually include, first, the plaintiff had a genuine religious belief that conflicted with duties; second, the plaintiff informed the employer of the beliefs; and third, the employer
References: Dempsey, G., & Petsche, J. (2006). Library Law: Constructive Discharge. Retrieved from http://www.nsls.info/articles Facts about Religious Discrimination. (2010, April 1). Findlaw. Retrieved May 12, 2014, from http://employment.findlaw.com/employment-discrimination/facts-about-religious-discrimination.html Gregory Lawson v. State of Washington, DJDAR 7791 (9th Circuit, 2002) Gomez-Mejia, L., Balkin, D., & Cardy, R. (2009). Managing human resources (6th ed.). New Jersey: Pearson Education. ISBN: 978-0-13-609352-7 Muller, M. (2009). The manager 's guide to HR: Hiring, firing, performance evaluations, documentation, benefits, and everything else you need to know. New York: AMACOM. ISBN: 9780814410769 Equal Employment Opportunity Commission(EEOC). Title VII of the Civil Rights Act of 1964, SEC. 2000e-2. [Section 703]. (n.d.). Retrieved May 12, 2014, from http://www.eeoc.gov/laws/statutes/titlevii.cfm