To: Chief Executive Officer SUBJECT: Constructive Discharge Claim Per your request, I have completed an initial research on the former employee claim for constructive discharge against our Company under Title VII of the Civil Rights Act of 1964. He bases his suit on religious discrimination due to the new production schedule that took effect the beginning of the year. In his opinion, the new production schedule requires employees to work on holy days thereby, discriminating against employees whose religious practice does not allow them to work on these particular days. The employee alleges that enforcement of the new policy forced him to resign his position before the effective date of the new schedule. Religious discrimination involves
However before accepting this offer, I believe I would let her know that there are other options that we could look at including a lower rate. If she cannot do this then I would discuss other places that she may be able to receive the services she needs. Since we already have a contract fro payment and fees it is important that the counselee understands that I cannot continue to give sessions without payment unless it was discussed and we created a new
In years past, the production team has only worked Monday through Friday and were not required to work weekends. In this new rotation there will be some days that fall on a religious holy day, (Sunday in this case) and each production worker is required to work this new rotation, including Sundays. Mr. Bowers voluntarily terminated his position before this new policy was implemented. Following his voluntary termination, Mr. Bowers is now claiming a constructive discharge. This is an element of Title VII to help employees protect themselves against termination due to discrimination A constructive discharge is defined as when the working conditions for the employee
c. Scott Sullivan – The fact that Mr. Sullivan asked Cynthia and team to hold off on reporting their findings and that he would take care of it next quarter leads me to believe he knew what was going on all along. I believe that Scott really thought that he could take care of it next quarter, shifting funds or firing Cynthia and her team, had Cynthia had taken his advice and held off she may have found herself and her team on the chopping block and facing federal charges. 2. Using some sort of graphic, Compare and contrast Cynthia Cooper’s actions with IIA guidance. Where did Cynthia violate IIA ethical standards?
B. Title VII Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Mr. Scott intends to show that the company violated his rights to practice his religion by instituting a change in work schedule that forced Mr. Scott to work on Sunday, which Mr. Scott considers a religious day. In
What Title VII more specifically states is that discrimination based on religion or taking action against an employee who does not comply with a job requirement that conflicts with the his/her religious beliefs is also prohibited. A charge of constructive discharge is made when an employee is terminated, or feels he/she has no other option but to quit because it has become unbearable to continue working at their jobs based on some form of discrimination or harassment. Typically people that quit their jobs do not receive unemployment benefits, they can however make a claim of constructive discharge in an attempt to receive financial compensation. As you know Tinker toys has acquired the patent for super widget the toy that is revolutionizing the toy industry and started production here in October. With the increase in demand to not only the Chicago area but worldwide we have made the decision to adjust our production schedule to require all employees in the warehouse to work rotating 12 hour shifts for four days straight and then four days off.
JDT2 Task 1 TO: CEO FROM: Jennifer Johnson DATE: 1/27/14 SUBJECT: Constructive Discharge Claim by Former Employee At the beginning of 2014, a new policy was implemented that required shift workers to work 4 – 12 hour days and then be off 4 days. With the new policy, the employee would work the 4-12 hour days required regardless of whether the day fell on a holiday or religious day. The employee in question quit due to being forced to work on a religious holy day. The employee is stating that the new schedule implemented by XYZ Toys made it impossible for her to continue working because she would have to work on Sundays. Due to her religious beliefs, the employee felt she was discriminated against and, therefore, was forced to resign.
She was denied her benefits, and she appealed to the state. The state upheld the same decision. The Supreme Court then took an interest in the case. It was decided that if the law unintentionally stopped a person from their religious practices then she should not be denied compensation or a job. (The Religious Freedom Page) In my opinion, the free exercise clause can be used in a variety of facets in everyday life.
You can make your own decision even if your parents disagree with your choice. If you make a decision that the doctor believes will do you serious harm, he/she may ask for help before acting on your decision. He/she will do this even when your parents agree with your decision. 5 The healthcare professional, or you, can call
MEMORANDUM Date: 11/20/2013 Subject: Claim against company under Title VII To: CEO From: At the beginning of the year our company changed its policy for production staff. They are required to work four days on and four days off. This is a required rotating shift. Due to recent policy changes in staffing a claim of constructive discharge has been filed against the company under Title VII of the Civil Rights Act of 1964. The former employee believes that the change in policy has forced him to quit because he has to work on a religious holy day.