Wgu Jdt2 Task 1

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November 20, 2013 To: CEO, Toy Company From: First Last Initials Date: 23 November 2013 Subject: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim As requested, I have investigated the claim relating to Title VII of the Civil Rights Act of 1964. I researched case law pertinent to this case and prepared the following synopsis and recommendation. Constructive Discharge In the beginning of the year, the company implemented a new scheduling policy that would require all employees to work 12 hour shifts, 4 days on, 4 days off. This policy was enacted to accommodate customer growth and does not take into account any religious affiliation. One employee was displeased with the new requirement to work on a holy day, has filed a case claiming constructive discharge. In this case, the toy company employee feels that (s)he was discriminated against based on religion by being forced to work on his/ her religious day. In 2004, the US Supreme Court set the foundation for constructive discharge in Pennsylvania State Police v. Suders. According to the US Equal Employment Commission, constructive discharge is “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” Additionally, the EEO takes the position that “an employer is liable for constructive discharge when it imposes intolerable working conditions in violation of Title VII when those conditions foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the victim's resignation.” Gomez-Mejia, Balkin, & Cardy, 2009 establishes that the former employee must show prima facie evidence that discrimination occurred. This includes proving that a genuine religious belief conflicts with his/ her duties, the (s)he informed the employer, and that

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