Constructive Discharge: Case Study

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Memorandum To: Wayne R Harris, CEO From: Store Manager Date: July 2, 2013 Subject: Complying with constructive discharge As a result of the new policy change, regarding shift work, Megalodon has received notice from our attorneys that a former employee is suing us for violating his rights under Civil Rights Act of 1964. In order to make sure Megalodon is complying with Title VII of the Civil Rights Act of 1964, a through investigation was performed on Megalodon’s hiring and performance policies. Details of that investigation are outlined below. Definition of Constructive Discharge Megalodon must understand the full ramifications of the lawsuit. Constructive discharge is being looked at by the plaintiff in this case as part…show more content…
In particular anti-harassment policies. Any employer who has not updated its anti-harassment policies since the United States Supreme Court decision in Burlington Industires, Inc. v. Ellerth and Faragher v. City of Boca Raton should do so promptly (Mautner, 2000). In Hafford v. Seidner the courts recognized that the overall harassment experienced may not have been based exclusively on his race but also on hostility to him as a ‘black Muslim.’ They showed that the theory of hostile-environment claim is that the cumulative effect of ongoing harassment is abusive. In this case the courts realized that even though the harassment was not all based on race, it was caused by their bias against his religion. All anti-harassment policies should include language prohibiting harassment on the basis of all protected categories and provide an easy to use complaint…show more content…
If the plaintiff states that they did not reach out for accommodations, then we should take a look at his work schedule and see if can accommodate. This must include scheduling/leave requests, dress and grooming issues, substantive job duties which create a conflict, or co-worker evangelizing. In Heller v. EBB Auto Co., the courts stated that once an employee has made out a prima facie case, the burden shifts to the employer to demonstrate that an accommodation would result in undue hardship if employment can not go on with that particular employee. The employer can show undue hardship by proving that the accommodation would have a major impact on co-workers or the cost would more than minor (Mautner,

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