Jdt Task 2 Human Resource

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MEMORANDUM To: CEO, Toy Company From: Elementary Toys Division Manager Subject: Former Employee’s Claim under Title VII of the Civil Rights Act of 1964, Constructive Discharge Date: September 15, 2014 Per your request, I have researched how Toy Company should respond to the employee’s claim that Toy Company’s enforcement of the new company’s policy on shift work is discriminatory because the policy requires the employee to work on a religious holy day and the employee was constructively discharged as a direct result of the change in the work schedules. A. Constructive discharge occurs when an employee is forced to resign by his/her employer due to working conditions being intolerable. In order for a resignation to be considered constructive discharge the employee must prove that the employer intentionally caused the conditions to be intolerable and it was specifically directed at the said employee. Black’s Law Dictionary (Mark A. Rothstien et al., Employment Law §9.7, at 539 (1994) defines constructive discharge as follow; “A termination of employment brought about by making the employee’s working conditions so intolerable that the employee feels compelled to leave.” (Garner, 1999) B. Under Title VII of the Civil Right Act of 1964 religious discrimination is strictly prohibited. An employer cannot discriminate against an employee due to their religious beliefs by giving them less hours, less pay, nor have their work be any different than other employees working the same position. Based on the EEOC facts about religious discrimination shown below the Toy Company would have fallen on hardship if we would not have changed the work schedule due to our increase in demand. In addition to undue hardship to Toy Company, the employee did not notify anyone from Toy Company that the implementation of the new schedules would adversely affect the

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