From: Elementary Division Manager
Date: March 3, 2012
Subject: Constructive Discharge Claim (Former Employee)
It was brought to my attention by the company attorney that a former employee has filed a claim against the company under the Title VII of the Civil Rights Act of 1964. In this case, the former employee is claiming “constructive discharge” for religious discrimination. The claim of religious discrimination stems from the new production schedule that was implemented at the beginning of the year to support our company’s growth. The new production schedule required this former employee to work 12-hour shifts with four days on and four days off, which would periodically put this employee working on Sunday’s, which I’m assuming, was considered this person’s religious holy day. This memo is to update you on my findings and recommendations relative to this recent claim.
This former employee is claiming “constructive discharge,” which is a legal term meaning that an employee’s resignation was caused solely by an employer implementing or allowing an extraordinary change that makes working conditions so intolerable, it would have compelled any reasonable employee to resign (Dempsey and Petsche, 2006). Constructive discharge is effectively a form of wrongful termination, even when an employee quits. Constructive discharge is relevant to the given scenario in that, the former employee quit, alleging discrimination due to a work schedule policy change and having to work on a religious holy day. In order to sue successfully on the basis of constructive discharge, I’m assuming, this former employee felt the working conditions were intolerable and egregious, which is one requirement. In addition, the change must have been recent and have compelled any “reasonable employee” to quit soon after it occurred; it must have been deliberately implemented without having...