Rjdt Task 1 Essay

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Memorandum Correction in yellow To: CEO From: Richard doe Date: July 15, 2013 Subject: Constructive Discharge A. Constructive Discharge According to the Title V11 of the 1964 Civil Right Act, a constructive discharge occurs when an employee resigns their position after being subjected to unlawful discrimination and the resignation is found to be a “constructive discharge”. A constructive discharge happens when an employer’s behavior become so intolerable or the employer makes life so difficult for the employee, that the employee has no choice but to resign. The employee must prove the working condition were intolerable and prove the condition was created to force the employee to resign. In the case at hand a production worker employee alleges the company discriminated against him/her because it requires him/her to work on a religious holiday. The company decided to have all production employees to work shifts covering each day of the week based on manufacturing demands and financial considerations. If the company changes its policy for one employee it must change the policy for all production employees or it will open itself to discrimination complaints. If the company was to change its production schedule to accommodate each individual production line employee’s religious celebration it would cause significant difficulties for the company to staff manufacturing lines, to keep up with production, and could result in a loss of revenue and expenses. Also, according to Title V11 of the Civil Rights Act of 1964, the law requires for employers to reasonably accommodate an employee religious beliefs or practices. “Reasonable Accommodation & Religion” It also clearly states that an employer do not have to consider religious concerns if the accommodation will cause difficulty or financial burden to the company. The company does not

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