Hr Task 1

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Human Resources Task 1 Human Resources Task 1 Western Governor's University Human Resources Task Interoffice Memo – Kyds Toys To: Jay Kyds: Chief Executive Officer From: Division Manager – Elementary Toys Division Subject: A. K. Whitter Claim of Constructive Discharge Date: 08.03.2014 cc: Legal, Human Resources 2 I. Claim and Constructive Discharge Definition Having received notice of a claim being filed by A.K. Whitter, a former employee of Kyds Toys, alleging forceable resignation due to constructive discharge on the premise of the work schedule policy change requiring shift work by all production employees. The complainant is seeking relief under Title VII of the Civil Rights Act of 1964. Even though Mr. Whitter resigned prior to the policy change taking effect, the potential for liability remains for back wages and possible punitive damages. According to Finnegan, (Finnegan, 1986), courts have developed two tests to determine when an employee has been constructively discharged by a discriminating employer. Using the majority view, an employee who resigns after being subjected to discrimination of a protected class is determined to have been constructively discharged if a “reasonable” person would have found the conditions intolerable. This is defined as the Reasonable Person Test. Conversely, under the minority view, the burden of proof lies more with the plaintiff showing not only intolerable conditions but that the employer created these conditions causing the resignation. This is defined as the Specific Intent Test. Human Resources Task The reasonable person test focuses on the employer’s actions on the employee whereas the specific intent test focuses on the employer and what causal factors were created to cause the employee to quit. These two tests can overlap in the way that the plaintiff must demonstrate that a reasonable person

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