Human Resources Task 1 Essay

1267 WordsDec 1, 20136 Pages
On September 1, 2013, former Walden’s Toys employee Elaine Edwards filed a claim against Walden Toys Inc., under Title VII of the Civil Rights Act of 1964, constructive discharge. Walden’s Toys recently changed its’ work schedule policy. In doing so Walden’s Toys production staff now works 12-hour shifts with four days at work and four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Elaine Edwards is alleging that Walden’s Toys new policy shift is discriminatory because the policy requires that employees to work on a religious holy day. Constructive discharge is defined as discriminatory practices wherein an employee is forced to resign because of a perceived intolerable work environment. Elaine Edwards is alleging that Walden’s Toys new work policy change is discrimatory because it would in effect force Elaine Edwards to work on a religious holiday that she observes. In order for this claim to prove relevant Elaine Edwards will have to substantiate that Walden’s Toys recently changed its work policy in order to: • Cause significant distress. • Result any reasonable individual resigning. • The new work policy change was created to directly target Elaine Edwards. • Walden’s Toys created this policy to force Elaine Edwards to resign with the company. Elaine Edwards will also have to prove that she had a genuine religious belief that conflicted with duties; informed the Walden’s Toys of the beliefs; and that Walden’s Toys subjected Elaine Edwards to discriminatory treatment. Upon review of Elaine Edwards work file there is no documentation of the former employees’ current religious beliefs effecting any future work policy changes. Walden’s Toys changed its work policy as a result of the company’s growth. The change of shift policy was for everyone in the

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