Desk Test Essay

785 WordsNov 25, 20134 Pages
In response to the former employees claims against the company for constructive discharge in regards to the work schedule policy change; the definition of constructive discharge as covered under the Title VII of the Civil Rights Act of 1964, occurs when employees resign because their employer's behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Constructive discharge as a legal concept is relevant to this scenario because it is commonly cited as a legal action in response to dramatic changes in work hours by employers. It is commonly looked upon as a form of termination since the resignation was not truly voluntary ("Constructive Dismissal," 2013). It could be litigated that requiring the employee to work on a holy day has made their life so intolerable that the employee has no other choice than to resign. Areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario are the reference to discrimination based on religion. The former employee may have a legitimate claim that the schedule change is a form of discrimination against her religion which is prohibiting her from observing her holy day. In addition, since the office staff is not required to work the rotating schedule, it could be argued that the hourly workforce is being discriminated against and the practice is unfair. However, the toy company can argue that it is requiring the entire hourly workforce to adhere to the work schedule policy change and in no way is meant to make life intolerable for anyone based on race, color, religion, sex or national origin. It is recommended that the company respond to the former employee with a letter that states the work schedule policy change was in no way a means of discrimination against anyone. The schedule change is needed to keep the company competitive and

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