Constructive Discharge Paper

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|Company Name Here| Memo To: CEO, Toy’s Delight From: Nadya Dhanani, Division Manager Date: 9/13/2012 Re: Constructive Discharge Claim, by Former Employee, under Title V11 of the Civil Rights Act of 1964 As the Companies Division Manager, I have been notified by the company’s attorney that a Former employee has filed a claim against us under Title VII of the Civil Rights Act of 1964, for constructive discharge. Under Title VII, a constructive discharge occurs if an employee resigns because the employer implemented a change that made working conditions intolerable. The resignation may be found to be a “constructive discharge” if it compels a reasonable employee to resign, is similar to the employer illegally firing the employee. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. Legally to consider constructive discharge in this scenario and to establish a case, it has to be shown as follows. · The change should have been recent and intolerable, that it should have compelled any reasonable employee to quit as soon after it was implemented. · The employer has deliberately implemented or permitted the change, without having justified any business related…show more content…
In his claim Mr. Harris has stated we discriminated by implementing a work schedule and forcing him to work on a religious holiday. The basis of his claim is religious discrimination. This claim puts him under a member of the protected class. Our company is bound by CRA to accommodate the work schedule for his religious practice. In this case it did not happen as Mr. Harris only resigned and never brought to the company attention that a conflict existed between the change in work schedule and his religious

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