Reasonable Person Test

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Subject: Claim against the company under Title VII of the Civil Rights Act of 1964 The employee is claiming constructive discharge, or he had to quit his job because the working conditions were so intolerable that continuing to work for the company was too much to handle. The employee felt the only thing he could was quit working for the company. There are two tests that can be administered to find out if constructive discharge by discriminatory employer. They are The Reasonable Person Test and The Specific Intent Test. The Reasonable Person Test approach holds that the employee has been constructively discharged if the company’s discriminatory acts result in a working condition so unbearable that a person would feel obligated…show more content…
Therefore, in no circumstances should a person be discriminated or harassed for their religious beliefs or practices. Under The First Amendment, Americans have the right to be free from government imposed religion and the right to practice any religion (Findlaw 2012). Since the First Amendment allows religious freedom no person shall be persecuted because of their religion. Therefore, religious freedom in the workplace is a right of every American. This is where Title VII of the Civil Rights Act of 1964 starts. Under this situation, Title VII is relevant it is unlawful for any employer to discriminate against an employee for religious reasons or to segregate an employee in any way to deprive them any employment opportunities or limit any employment opportunities. (Findlaw 2012). By not accommodating this employee, we have segregated him from business opportunities within the company. Secondly, it is unlawful to adversely affect the status of any employee based on religion. Unfortunately, the schedule change did just that. Because he was not able (due to religious) work in the holy day, we inadvertently affected his employment with the
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