MEMO TO: FROM: DATE: SUBJECT: Mrs. Jane Smith, CEO, Jinkie Pops Toy Co. Amy Hance, Elementary Division Manager August 22, 2012 Constructive Discharge Claim of Mr. William Fleck
As per your request, I have reviewed the documentation relating to Mr. Fleck’s resignation and subsequent claim. I have researched pertinent case law and have prepared the following synopsis and recommendation for your review. As the Jinkie Pops Toy Company grows, operational changes are necessary to meet the demands of increased sales. One change that was implemented was a schedule modification for employees working on the production line. Previously, production employees were scheduled to work eight hours a day, Monday through Friday. The new schedule required production employees to work twelve hours a day, four days in a row. The four days rotate through the entire week, including Saturday and Sunday. Office staff schedules did not change and remain a traditional Monday through Friday from 8:00am to 5:00pm. After the new production employee schedule was put into effect, Mr. William Fleck, a production line employee, voluntarily resigned from his position with the company. Mr. Fleck has now filed a claim of religious discrimination under Title VII of the Civil Rights Act of 1964. This legislation states that it is unlawful for an employer to discriminate against an employee based on race, religion, national origin, sex, or color. Title VII prohibits the employer from creating policies and procedures that result in an adverse impact on members of a protected class even if the policies and procedures are not intentionally discriminatory. (Int’l Bhd. Of Teamsters v. United States, 1977) Title VII includes language that requires reasonable accommodation shall granted to protected class members. If in granting that reasonable accommodation would create undue hardship on the company, proof must be shown. (Civil Rights Act of 1964-CRA-TitleVII-Equal Employment Opportunities-42 US Code...
References: International Brotherhood of Teamsters v. United States, 431, U.S. 324 (1977).
Civil Rights Act of 1964 – CRA – title VII – Equal Employment Opportunities – 42 US Code Chapter 21. (2008) Retrieved August 17, 2012, from Find US Law: http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opp ortunities_42_us_code_chapter_21 29CFR1605.2. (2006, July 1). Title 29 – Labor. Retrieved August 18, 2012, from GPO.GOV:http://edocket.access.gpo.gov/cfr_2006/julqtr/29cfr1605.2htm Chrysler Corp. V. Mann, No 76-1196 (United States Court of Appeals, 8th Circuit September 14, 1977). Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977) Equal Employment Opportunity Commission and Elizabeth McDonough v. The Catholic University of America 83 F.3d 455 (US Court of Appeals, DC Circuit 1996)
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