Eeoc Constructive Discharge
INTEROFFICE MEMO
To: Joe Nackashi, CEO
From: Dan Burnett, Manager
Date: 10/8/2011
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Subject: EEOC constructive discharge claim by former employee
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BACKGROUND:
This memo is to update you on my findings and recommendations relative to the recent EEOC (Equal Employment Opportunity Commission) case, filed under Title VII of the Civil Rights Act of 1964, against our company by a former employee. In this case, the former employee is claiming “constructive discharge” for religious discrimination. His claim of religious discrimination stems from the new production schedule that was implemented at the beginning of this year to support our company’s growth. The new production schedule requires him to periodically work on Sundays, which he considers a holy day and actively observes.
* Prior production schedule: 1. Monday through Friday 2. 8-hour shifts
* Current production schedule: 1. Monday through Sunday 2. 12-hour shifts 3. Rotating 4 days on, 4 days off
LEGAL FINDINGS:
* Title VII of the Civil Rights Act of 1964: 1. Prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day [ (Equal Employment Opportunity Commission [EEOC], Title VII of the Civil Rights Act of 1964) ]. Since our company has more than 15 employees, we are legally required to abide by Title VII. 2. Defines constructive discharge as meaning an employer’s discriminatory practices made working conditions so intolerable that any reasonable person would have resigned (EEOC, Prohibited Employment Policies/Practices). 3. An employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer [ (EEOC, Religious Discrimination) ].
To: Joe Nackashi, CEO
From: Dan Burnett, Manager
Date: 10/8/2011
-------------------------------------------------
Subject: EEOC constructive discharge claim by former employee
-------------------------------------------------
BACKGROUND:
This memo is to update you on my findings and recommendations relative to the recent EEOC (Equal Employment Opportunity Commission) case, filed under Title VII of the Civil Rights Act of 1964, against our company by a former employee. In this case, the former employee is claiming “constructive discharge” for religious discrimination. His claim of religious discrimination stems from the new production schedule that was implemented at the beginning of this year to support our company’s growth. The new production schedule requires him to periodically work on Sundays, which he considers a holy day and actively observes.
* Prior production schedule: 1. Monday through Friday 2. 8-hour shifts
* Current production schedule: 1. Monday through Sunday 2. 12-hour shifts 3. Rotating 4 days on, 4 days off
LEGAL FINDINGS:
* Title VII of the Civil Rights Act of 1964: 1. Prohibits discrimination for race, color, religion, sex, or national origin for companies with 15 or more employees working on a given day [ (Equal Employment Opportunity Commission [EEOC], Title VII of the Civil Rights Act of 1964) ]. Since our company has more than 15 employees, we are legally required to abide by Title VII. 2. Defines constructive discharge as meaning an employer’s discriminatory practices made working conditions so intolerable that any reasonable person would have resigned (EEOC, Prohibited Employment Policies/Practices). 3. An employer is required by law to provide an employee religious accommodations once the employee request it, assuming it does not place an unreasonable hardship on the employer [ (EEOC, Religious Discrimination) ].
References: Equal Employment Opportunity Commission [EEOC]. (n.d.). Title VII of the Civil Rights Act of 1964. Retrieved Oct 8, 2011, from www.eeoc.gov: http://www.eeoc.gov/laws/statutes/titlevii.cfm EEOC. (n.d.). ProhibitedEmployment Policies/Practices. Retrieved Oct 8, 2011, from www.eeoc.gov: http://www.eeoc.gov/laws/practices/index.cfm EEOC. (n.d.). Religious Discrimination. Retrieved October 8, 2011, from www.eeoc.gov: www.eeoc.gov/laws/types/religion.cfm Gomez-Mejla, L., Balkin, D., & Cardy, R. (2010). Managing Human Resources, Sixth Edition. In L. Gomez-Mejla, D. Balkin, & R. Cardy, Managing Human Resources, Sixth Edition (pp. 143-146). Prentice Hall. Kilgore v. Thompson & Brock Management Inc, 93 F. 3d 752 (United States Court of Appeals, Eleventh Circuit October 3, 1996). Lee v. state board, 62 F.3d 1415 (United States Court of Appeals, Fourth Circuit Aug 4, 1995).