Mba Rjdt Task 1 Eoc Complaint Essay

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Rebecca S. Leal MBA, Healthcare Management 9/1/12 ID: 000279659 My Mentor: David Moll, MBA (409)392-4036 Houston, TX CST RJDT Task 1 January 12, 2013 MEMORANDUM TO: John Doe Chief Executive Officer FROM: Rebecca Leal Elementary Division Manager DATE: January 12, 2013 ------------------------------------------------- RE: EEOC Complaint Received ------------------------------------------------- The company received a complaint from the Equal Employment Opportunity Commission (EEOC) that a former employee filed a claim against the organization. The employee alleges that the organization engaged in constructive discharge in violation of Title VII of the Civil Rights Act of 1964 (Title VII). The employee claims that the recent policy change which required production staff to work a shift rotation of 12-hour shifts in four days, with four days off violated his right to practice his religion as he would be required to work on a religious holiday. Thus, the employee alleges he resigned due to this policy change and his resignation fell under constructive discharge. The purpose of this document is to define constructive discharge and Title VII and determine if the organization is indeed in violation of these constructs. A recommendation of the organization’s response to the claim filed is also included referencing legal precedence in support of the company’s position. Constructive Discharge Under Title VII, an employee does not have to be terminated to file a complaint alleging constructive discharge. Constructive discharge occurs when an employee finds the work environment intolerable such that he or she feels forced to resign (Constructive Discharge Law & Legal Definition, 2003) . In using constructive discharge to file a complaint with the EEOC, the employee must claim he or she resigned “in order to escape intolerable and

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