Constructive Discharge Case Study

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Managing Operations Courtney Nelson Human Resources: Western Governor’s University A. Constructive Discharge Under the doctrine of Title VII in the Civil Rights Law, Constructive Discharge is when the employer creates working conditions that are so intolerable, that the employee would be compelled to resign (Saxe, I., 1987). The majority of courts who withhold Constructive Discharge as a reasonable form of discrimination against an employee, only require that the plaintiff prove that the employer deliberately created working conditions that were so intolerable that a reasonable employee would feel that it was necessary to resign (Saxe, I., 1987). Constructive Discharge is relevant in the scenario of the employee quitting after…show more content…
Another view on Constructive Discharge in this particular scenario is that the former employee did resign “in reasonable response to…show more content…
Under Title VII, the protected categories are: African Americans, Asian Americans, Latinos, Native Americans, and women. (Gomez-Mejia, L., Balkin, D., Cardy, R., 2010) The scenario at the toy company can closely relate to the adverse impact definition of discrimination that African Americans faces in the 1971 Supreme Court Case of Griggs v. Duke Power. In this particular case African American employees were refused promotions because Duke Power implemented a policy that indicated that a high school diploma and passing scores on two tests were needed in order to receive a promotion. One of the tests was on general intellectual ability and the other was on mechanical ability. The Supreme Court ruled that such standards, even though applied equally to all employees, were discriminatory because (1) they had an adverse impact on a protected class (African Americans) and (2) Duke Power was unable to show that the standards were related to subsequent job performance. (Gomez-Mejia, L., Balkin, D., Cardy, R., 2010) The reason that this case and the scenario at the toy company are related is due to the fact that the change in the shift change policy standards do not apply, nor are they related to subsequent job performance. Although the employee voluntarily resigned after the policy change, the
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