Title Vii Ethical Issues with Religious Discrimination
MEMORANDUM
TO: John White, CEO
FROM: Jill, Elementary Division Manager
December 6, 2012
Dear Mr. White,
In reference to the recent Title VII of the Civil Rights Act of 1964 claim filed by Jane Smith. I have been asked, by the company attorney to research the alleged constructive discharge claim based off a work schedule policy change the company has recently implemented due to company growth. I am writing this memo to summarize my findings, discuss how constructive discharge as a legal concept is relevant within this claim, how the allegations are addressed within the guidelines of the Title VII of the Civil Rights Act of 1964, and recommend how the company should respond to the employees charge of constructive discharge including three legal references that support my recommendations.
First, I will discuss how the constructive discharge as a legal concept is relevant to this allegation. “A constructive discharge occurs when an employee is legally justified in claiming that he or she was compelled to resign because the employer has made working conditions intolerable.” (Dempsey, 2012) Ms. Smith is a member of a religious organization that worships on a religious holy day. When the company changed its policy to require employees to work 12-hour shifts, four days a week, she was required to work on some of these religious holidays. Ms. Smith alleges this is discrimination because she was not allowed to worship therefore she was forced to quit in order to practice her religious beliefs within the guidelines of the religious practices of her organization. With this information, the claim Ms. Smith has brought against the company is considered a constructive discharge.
Within the guidelines of the Title VII, the Act “prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment.” (Findlaw, 2010) The law also requires the employer to allow the employee to
TO: John White, CEO
FROM: Jill, Elementary Division Manager
December 6, 2012
Dear Mr. White,
In reference to the recent Title VII of the Civil Rights Act of 1964 claim filed by Jane Smith. I have been asked, by the company attorney to research the alleged constructive discharge claim based off a work schedule policy change the company has recently implemented due to company growth. I am writing this memo to summarize my findings, discuss how constructive discharge as a legal concept is relevant within this claim, how the allegations are addressed within the guidelines of the Title VII of the Civil Rights Act of 1964, and recommend how the company should respond to the employees charge of constructive discharge including three legal references that support my recommendations.
First, I will discuss how the constructive discharge as a legal concept is relevant to this allegation. “A constructive discharge occurs when an employee is legally justified in claiming that he or she was compelled to resign because the employer has made working conditions intolerable.” (Dempsey, 2012) Ms. Smith is a member of a religious organization that worships on a religious holy day. When the company changed its policy to require employees to work 12-hour shifts, four days a week, she was required to work on some of these religious holidays. Ms. Smith alleges this is discrimination because she was not allowed to worship therefore she was forced to quit in order to practice her religious beliefs within the guidelines of the religious practices of her organization. With this information, the claim Ms. Smith has brought against the company is considered a constructive discharge.
Within the guidelines of the Title VII, the Act “prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment.” (Findlaw, 2010) The law also requires the employer to allow the employee to