Jdt2 Task 1

2250 Words9 Pages
To: Steve Brooks, Chief Executive Officer From: Michael Daley, Elementary Division Manager Date: June 3, 2014 Subject: Former Employee's Constructive Discharge Claim Mr. Anderson, our company attorney, notified me of a complaint from a former employee, Mr. Bowers, who filed a claim against the company. In his claim he is stating a violation of Title VII of the Civil Rights Act of 1964 for constructive discharge. This memo will discuss the relevance of both a constructive discharge as protective category under Title VII and Title VII of the Civil Rights Act of 1964 that is relevant to this claim. I will then make my recommendations on how the company should proceed in this case. Finally I will make note of any changes to our processes that may need to be changed from our findings in this case. A. How is constructive discharge relevant in this case: At the beginning of the year the company implemented a new policy that requires all production employees to work a new rotating schedule The new policy states that the production employees will work a four day on and four day off rotation and each shift will be a twelve hour shift. The rotating days will now include Saturday and Sunday. In years past, the production team has only worked Monday through Friday and were not required to work weekends. In this new rotation there will be some days that fall on a religious holy day, (Sunday in this case) and each production worker is required to work this new rotation, including Sundays. Mr. Bowers voluntarily terminated his position before this new policy was implemented. Following his voluntary termination, Mr. Bowers is now claiming a constructive discharge. This is an element of Title VII to help employees protect themselves against termination due to discrimination A constructive discharge is defined as when the working conditions for the employee

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