Rjdt Task-1
JDT-2, Task-1,
Kenneth B. Davis
Student #000166146
A. The Concept of Constructive Discharge.
Constructive discharge is legally defined as a given set of working conditions that are so intolerable that a reasonable employee would be compelled to resign even though the employer has not issued a formal termination notice ("Constructive discharge law,").
Given that the employee has resigned as a result of being required to work on a religious holy day, the following Supreme Court case law applies: In Trans World Airlines Inc. v. Hardinson, (1977), the United States Supreme Court ruled that as long as the plaintiff (Hardinson) held legitimate religious beliefs concerning the performance of labor on a religious holy day and providing that the plaintiff had made a documentable effort to bring this conflict to the attention of his employer, the employer was required to accommodate the religious beliefs of the employee. The Court further held that requiring the employee to work on a religious holy day did in fact amount to constructive discharge as the employer had not made any reasonable efforts to accommodate the religious beliefs of the employee.
In the given scenario it appears that the employee in question has resigned as a result of being required to work on a religious holy day and although not stated in the scenario it is assumed that the employee did bring this conflict to the attention of his/her supervisor and that an accommodation reasonable to both employer and employee was not reached, thus resulting in an intolerable work conditions requiring the employee to resign based upon his/her religious beliefs. If the above assumptions prove to be true then the situation would more probably than not amount to constructive discharge under Title VII of the civil rights act and the company may be liable to the employee for resulting damages in addition to fines that may be imposed by the EEOC. A further review by legal counsel is urgently recommended.
Kenneth B. Davis
Student #000166146
A. The Concept of Constructive Discharge.
Constructive discharge is legally defined as a given set of working conditions that are so intolerable that a reasonable employee would be compelled to resign even though the employer has not issued a formal termination notice ("Constructive discharge law,").
Given that the employee has resigned as a result of being required to work on a religious holy day, the following Supreme Court case law applies: In Trans World Airlines Inc. v. Hardinson, (1977), the United States Supreme Court ruled that as long as the plaintiff (Hardinson) held legitimate religious beliefs concerning the performance of labor on a religious holy day and providing that the plaintiff had made a documentable effort to bring this conflict to the attention of his employer, the employer was required to accommodate the religious beliefs of the employee. The Court further held that requiring the employee to work on a religious holy day did in fact amount to constructive discharge as the employer had not made any reasonable efforts to accommodate the religious beliefs of the employee.
In the given scenario it appears that the employee in question has resigned as a result of being required to work on a religious holy day and although not stated in the scenario it is assumed that the employee did bring this conflict to the attention of his/her supervisor and that an accommodation reasonable to both employer and employee was not reached, thus resulting in an intolerable work conditions requiring the employee to resign based upon his/her religious beliefs. If the above assumptions prove to be true then the situation would more probably than not amount to constructive discharge under Title VII of the civil rights act and the company may be liable to the employee for resulting damages in addition to fines that may be imposed by the EEOC. A further review by legal counsel is urgently recommended.
References: Albemarle Paper Co. v. Moody, 422 U.S. 405 (1975). Ansonia Bd. Of Educ. v. Philbrook, 479 U.S. 60, 68 (1986). Constructive discharge law and legal definition. (n.d.). Retrieved from http://definitions.uslegal.com/c/constructive-discharge/ Guidelines on discrimination because of religion, 29, C.F.R., 14, 1605, (2011). Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. 45 FR 72612, (Oct. 31, 1980). Trans World Airlines v. Hardison, 432 U.S. 63, 84 (1977).