Employee's Claim of Constructive Discharge - Task 1
interoffice memorandum to: | Richey Richman, CEO | from: | David, Elementary division manager | subject: | employee’s claim of constructive discharge | date: | June 10, 2013 | | |
Constructive discharge is when an employee feels he or she has been forced to resign or quit their job because the employer has made their working conditions intolerable to a point that any reasonable person would have also resign or quit. The employee does not have to explain why they were forced to quit or resign.
In cases where religion is sited, he or she may think, or feel, they must quit or resign because of a conflict with their religious beliefs, and being able to perform their job to managements expected levels.
Title VII of the Civil Rights Act of 1964, volume 42 U.S.C. § 2000e-2(a) (1); states in pertinent part:
(a) Employer practices
It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
This section of the US code prohibits discrimination against a person based on their religious beliefs and/or convictions. Also, Title VII requires an employer to provide reasonable accommodation for an employee 's religious practices and observances, unless doing so would cause an undue hardship to the employer. (Ross Runkel, 2013) “For example, this might require an employer to modify schedules to allow someone a day off for a holy day, or require an employer to allow the wearing of religious buttons.”
In our case, the constructive discharge claims the religious belief of the employee conflicted with our recent policy change to shift work, and discriminates against the employees believe of not working on a holy day. This employee quite after the policy took effect.
Most constructive
Constructive discharge is when an employee feels he or she has been forced to resign or quit their job because the employer has made their working conditions intolerable to a point that any reasonable person would have also resign or quit. The employee does not have to explain why they were forced to quit or resign.
In cases where religion is sited, he or she may think, or feel, they must quit or resign because of a conflict with their religious beliefs, and being able to perform their job to managements expected levels.
Title VII of the Civil Rights Act of 1964, volume 42 U.S.C. § 2000e-2(a) (1); states in pertinent part:
(a) Employer practices
It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
This section of the US code prohibits discrimination against a person based on their religious beliefs and/or convictions. Also, Title VII requires an employer to provide reasonable accommodation for an employee 's religious practices and observances, unless doing so would cause an undue hardship to the employer. (Ross Runkel, 2013) “For example, this might require an employer to modify schedules to allow someone a day off for a holy day, or require an employer to allow the wearing of religious buttons.”
In our case, the constructive discharge claims the religious belief of the employee conflicted with our recent policy change to shift work, and discriminates against the employees believe of not working on a holy day. This employee quite after the policy took effect.
Most constructive
References: Cooper v. Oak Rubber Company, 15 F. 3d 1375 (1994). Johnson v. Bunny Bread Co., 646 F.2d 1250 (1981). Redmond v. GAF, 574 F.2d 897 (1978). Ross Runkel. (2013, June 22). Law Memo First In Employement Law - Religion discrimination #24. Retrieved from www.lawmemo.com: http://www.lawmemo.com/101/2006/01/religion_discri.html Title VII of the Civil Rights Act of 1964. (n.d.).