Constructive Discharge

Topics: Religion, Employment, Faith Pages: 4 (1131 words) Published: January 22, 2012
Toy Company
From:Ken Dilger
Re:Employee Lawsuit
In 1964 Congress passed a Civil Rights law that outlawed major forms for discrimination against African Americans and women. One of the major features of this law was Title VII which prohibits discrimination by employers on the basis of race, color, religion, sex or national origin. Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The basics of Title VII are that employers may not treat employees more or less favorably because of their religion and employees cannot be required to participate or refrain from participating in a religious activity as a condition of employment.

In Title VII, employers must reasonably accommodate its employee’s religious beliefs and practices unless doing so would create an undue hardship on the employer. A reasonable accommodation is one that eliminates the employee’s conflict between his religious practices and work requirements and that does not cause an undue hardship for the employer (Rel, 2011). These accommodations range from the employee needing a day for their Holy Sabbath day, wanting to wear religious garb to work or having flexible work schedules to accommodate religious Holidays. When an employee asks for an accommodation the employer may not simply refuse to do so. If the request is not in best interest of the company because it would result in an undue hardship, the employer must prove the undue hardship that the company would incur. An undue hardship to the company would include anything other than minimal cost to accommodate the religious practice by the employee.

Company Response

My recommendation on how to respond is that it was never our intent to create a workplace environment so intolerable that our employees would quit. If the employee thought that the...

References: Brener v Diagnostic Center Hospital, 671 F.2d 141, (5th Cir, 1982)
Cosme v Henderson, 287, F.3d 152, 158 (2d Cir, 2002)
Goldmeier v AllState Insurance Company, 337, F.3d 629 (6th Cir, 2003)
Religious Accommodation in the Workplace: Your Rights and Obligations,
Anti-Defamation League, New York, New York, (2011).
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