Constructive Discharge Claim

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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…show more content…
• Evidence of contemptible conduct by the employer, including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or other similar kinds of behavior, if the said conduct would cause a reasonable employee to feel compelled to resign. Constructive dismissal as it pertains to this circumstance could typically be caused by: • unilateral contract changes by the employer such…show more content…
The United States Supreme Court in 1977 decided to address the issue of how far an employer must go to accommodate an employee’s religious beliefs by hearing the case of Trans World Airlines, Inc. v. Hardison. In this case, the court ruled that Trans World Airlines offered reasonable alternatives and fulfilled the obligation of the employee without putting strain on the employer. What was missing from the ruling was that Trans World Airlines make every accommodation possible or even guarantee the employee his requested days off. Important in the Courts ruling, was causing an undue burden on TWA or employees by granting alternatives was not required. ("Trans World," 2007) Looking to another case in Weathers vs FedEx the decision demonstrates an employee need not use the word “accommodate” or “accommodation” to make a protected request for accommodation to which the employer must respond. Lastly, in reviewing Ansonia Board of Education v. Philbrook if our former employee did offer us an alternative and our company rejected it then we can cite this case. The case is similar to our current situation except the employee offered an alternative to the employer and the employer rejected it. Legal Recommendation to Avoid Constructive Discharge cases and legal issues around Title VII of the Civil Rights Act of

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