A. Constructive Discharge
At the beginning of the year the toy Company instituted a work schedule change to keep up with the growth of production of the company. The schedule change consisted of 12 hour shifts with 4 days of work and 4 days off. This change means that some of the work days would fall on a religious holy day. All of the production employees will immediately begin working this new schedule. Due to this new work schedule, a claim has been filed against the toy Company under the Title Vii of the Civil Rights Act of 1964. The employee is alleging that the toy Company’s enforcement of the new schedule policy on shift work is discriminatory because the policy requires the employee to work on their religious holy day. Constructive discharge occurs when working conditions are so intolerable the employee feels forced to resign from their employment. (Glazer, 2009, p. 1). Constructive discharge is part of the Title VII Civil Rights Act of 1964 that prohibits discrimination in employment on the basis of sex, race, color, national origin and religion. ("Title VII," “n.d.”, p. 4). Religion is the …show more content…
The employee is stating they were discriminated on because of religion because they now have to work on religious holy days due to the new work schedule. According to Title VII of the Civil Rights Act of 1964, religion is defined as all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. ("Title VII," “n.d.”, p. 2). The employee claims that the toy Company did indeed create an intolerable working condition due to the requirement to work on a religious holy