Wgu Human Resources Task 1
Dear Mr. Smith,
Upon investigation in to the claim of constructive discharge under the Title VII Civil Rights Act of 1964 my research found this claim to be irrelevant and unjustified. A constructive discharge happens when an employee is legally justified in claiming that he/she was forced to resign because the employer has made working conditions intolerable.
In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The new schedule required employees to work 12-hour shifts with four days at work and then four days off. But the four work days can occur any day off the week, Monday through Sunday. So it is possible that the employee would still have had some holy days off.
To justify their legal claim of constructive discharge the employee is going to have to prove in court that their working conditions were in fact intolerable and show that our company deliberately created intolerable working conditions with the intent of forcing the resignation. I feel that this will be very difficult if not impossible to prove. I recommend that we mediate the charge. I do not think we are guilty of constructive discharge. However, I think a compromise can be reached with the employee and we can accommodate their religious needs.
Constructive discharge falls under the Title VII Civil Rights Act of 1964 which is a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin and religion. The religion portion is what pertains to our current situation. Title VII requires an employer to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship
Upon investigation in to the claim of constructive discharge under the Title VII Civil Rights Act of 1964 my research found this claim to be irrelevant and unjustified. A constructive discharge happens when an employee is legally justified in claiming that he/she was forced to resign because the employer has made working conditions intolerable.
In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The new schedule required employees to work 12-hour shifts with four days at work and then four days off. But the four work days can occur any day off the week, Monday through Sunday. So it is possible that the employee would still have had some holy days off.
To justify their legal claim of constructive discharge the employee is going to have to prove in court that their working conditions were in fact intolerable and show that our company deliberately created intolerable working conditions with the intent of forcing the resignation. I feel that this will be very difficult if not impossible to prove. I recommend that we mediate the charge. I do not think we are guilty of constructive discharge. However, I think a compromise can be reached with the employee and we can accommodate their religious needs.
Constructive discharge falls under the Title VII Civil Rights Act of 1964 which is a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin and religion. The religion portion is what pertains to our current situation. Title VII requires an employer to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship