Rjdt Task 1 Essay

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To: Chief Executive Officer From: Bruno Mars, Elementary Division Manager As you are aware we have had a claim filed against our company under Title VII of the Civil Rights Act of 1964. Our former employee is stating that our new work schedules of four days on and four days off is discriminatory because it requires employees to work on religious holy days and therefore is constructive discharge. I want to first discuss what constructive discharge actually is and why it is relevant to this situation. Constructive discharge occurs when an employer’s actions make the workplace so unacceptable that any reasonable employee would have found it necessary to quit if they were facing the same scenario. The Civil Rights Act of 1964 protects employees and prohibits employers from discriminating against their employees on the basis of race, color, age, sex, religion, national origin or disability. Because our former employee sees our schedule change as discriminatory to his religion he has made a decision to pursue this action. I believe that our response to this issue should be a balance of what is legally prudent as well as what is really the right thing to do for our company and our employees. From a legal perspective I believe that there are several court cases that support our legal position. The first one in the Supreme Court ruling in the case of Trans World Airlines vs. Hardison et al., 1977 that stated that an employer does not have to provide days off to employees to respect their religious holidays if it creates an undue hardship on the employer. The concern for our company is would the court consider a schedule request and undue hardship in this case. A second case that seems at face value to back our position is Grube vs. Lau Industries, 2001. In this case the court ruled that changing an employee’s work hours does not constitute

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