Topics: Equal Employment Opportunity Commission, Employment, Discrimination Pages: 4 (1371 words) Published: May 4, 2013

To:CEO of Toy Central
From:Elementary Division Manager
Date:March 1, 2013
RE:Employee, Buford Bernard

As you will recall, Mr. Buford Bernard resigned his position with our company after the production schedule changed as of January 1. Prior to January 1 the production work schedule was Monday – Friday, 8 hours per day. Due to company expansion the new production work schedule requires employees to work 12 hours per shift, 4 days at work and then 4 days off. The days off rotate according to the rotation of the schedule thereby requiring employees to work on religious holy days. Mr. Bernard has filed a claim against the company under the Title VII of the Civil Rights Act of 1964, constructive discharge claiming that he was required to work on religious holy days and was therefore discriminated against based on religious reasons. Constructive discharge is defined as discharge of an employee affected by making the employee’s working conditions so intolerable that he or she reasonably feels compelled to resign. In order for constructive discharge to be relevant to Mr. Bernard’s resignation he would have had to give management, in writing, notification that he felt he was being discriminated based on the schedule change and making him work on religious holy days. He furthermore needs to give management a minimum of 15 days notice that he intended to resign. In speaking with Mr. Bernard’s supervisor it was determined the Mr. Bernard did not make management aware of his discontentment with the new schedule policy thereby not giving the company the opportunity to make suitable arrangements to accommodate Mr. Bernard’s religious observation of holy days. In not making the company aware, constructive discharge is not relevant to the case. Title VII of the Civil Rights Act of 1964 protect the rights of individuals against discrimination based...

References: Greenwald, J. (2013, January 2). EEOC settles Seventh Day Adventist religious discrimination suit. Retrieved March 4, 2013, from Business Insurance: http://www.businessinsurance.com/article/20130102
Menorah House Settles EEOC Religious Discrimination Lawsuits. (2012, March 12). Retrieved March 4, 2013, from U.S. Equal Employment Opportunity Commission: http://www.eeog.gov/eeoc/newsroom/release/3-12-12.cfm
Questions and Answers: Religious Discrimination in the Workplace. (2011, January 31). Retrieved February 27, 2013, from The U.S. Equal Employment Opportunity Commission: http://eeoc.gov/policy/docs/quanda_religion.html
Serrano 's wins in religious discrimination case. (2009, January 21). Retrieved March 7, 2013, from Arizona Central: http://www.azcentral.com/community/chandler/articles
Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity. (n.d.). Retrieved March 3, 2013, from FindLaw: www.employment.findlaw.com
Wal-Mart Settles EEOC Religious Discrimination Suit. (2012, June 1). Retrieved March 4, 2013, from U.S. Equal Opportunity Commission: http://www1.eeoc.gov/eeoc/newsroom/release/6-1-12b.cfm
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