Constructive Discharge Research

Topics: Employment, Discrimination, Law Pages: 14 (3899 words) Published: June 18, 2013
CRunning head: CONSTRUCTIVE DISCHARGE RESEARCH
 
 

 

1
 

Constructive Discharge Research Richard Boyer JDT2 – Human Resources June 6, 2013

CONSTRUCTIVE DISCHARGE RESEARCH
 
 
 

2
 

Constructive Discharge Research The following research will summarize the concept of constructive discharge as it relates to the claim against the company. In addition, information from Title VII of the Civil Rights Act of 1964 will be discussed. The details will include areas Title VII of the Civil Rights Act of 1964 relevant to the claim. Finally, the document will include three legal references supporting the recommendations related to the research. Defining constructive discharge A general definition of constructive discharge is “when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice” (USLegal, Inc., 2001). With the court cases involved in this area of Title VII of the Civil Rights Act of 1964, the courts have created two tests to determine if the case has evidence of constructive discharge. These tests are the reasonable person test and the specific intent test. Test 1: The reasonable person test The reasonable person test states, “an employee has been constructively discharged if an employer's discriminatory acts result in working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign” (Finnegan, 1986, p. 563). An example of this test applied in a case is the Young v. Southwestern Savings & Loan Association (1975) where the employer deliberately made an employee's working conditions so intolerable that the employee was forced into an involuntary resignation.

CONSTRUCTIVE DISCHARGE RESEARCH
 
 
 

3
 

Test 1: The specific intent test The specific intent test states “not only that working conditions were so intolerable that a reasonable person would feel compelled to resign, but also that the employer created those conditions with the specific intent to cause the employee to resign” (Finnegan, 1986, p. 566). The example, which incorporated this approach, was the case of Muller v. United States Steel Corp (1975), which set the standard of the requirement of evidence showing the employer created the conditions with specific intent. The tests for constructive discharge within Title VII of the Civil Rights Act of 1964 are the focus of the related case against the company. The information on the case will be vetted based on case law and applicability to these tests to determine if constructive discharge has occurred. In the legal cases and recommendations below, these tests will be applied and referenced. Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964, also known as the Equal Employment Opportunity Act, was created and enacted for the prevention of employment discrimination on the basis of race, color, religion, sex, or national origin. Employment discrimination is defined as unlawful in Section 703 of the Act (FindLaw.com, 2013). As it pertains to the current case, the former employee is claiming discrimination based on religion, which then caused the individual to feel forced into resigning. It is this portion of the Title VII of the Civil Rights Act of 1964, which will be discussed in connection to the current case.

CONSTRUCTIVE DISCHARGE RESEARCH
 
 
 

4
 

The specific areas related to the case within Section 703 include the following items, which are fully defined in the Appendix. Table 1 Section 703 areas related to the current case from the Appendix Section Number (a)(1) Possible connection to the current case Discrimination against the individual with respect to his compensation, terms, conditions, or privileges of employment, because of the individual’s religion (a)(2) The limitation of the employee which would deprive the person employment opportunities or affect employment status based on religion (h)...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay on Constructive Discharge
  • Constructive Discharge Essay
  • Constructive Discharge Essay
  • Essay about Constructive Discharge Memo
  • Constructive Discharge Essay
  • Constructive Discharge Essay
  • Constructive Discharge Essay
  • Constructive Discharge Essay

Become a StudyMode Member

Sign Up - It's Free