Wgu Jdt2 Human Resources Task 1

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INTEROFFICE MEMORAND UM TO: C. Jay., CEO FROM: S.B. SUBJECT: CONSTRUCTIVE DISCHARGE CLAIM DATE: JANUARY 12, 2014 Mr. Jay, Per your request, I have completed my research in regards to how the company should respond to the constructive discharge claim that has been filed against the company by a former employee. To recap the claim: the former employee alleges that the company’s new shift work policy is discriminatory because the policy requires employees to work on religious holy days. The following sections discuss three areas of interest that will allow the company to formulate a proper response: A) explanation of constructive discharge and how it is relevant to this case, B) summary of how religion is protected under Title VII of the Civil Rights Act of 1964, and C) my recommendation for the company’s response to the claim. A) Constructive discharge. Constructive discharge is a legal concept that occurs when an employer makes work conditions intolerable, which results in forcing a reasonable employee to resign (US Legal, Inc., 2013). Intolerable work conditions can include discrimination and/or harassment based on religion, race, color, ethnicity, or gender, as outlined in Title VII of the Civil Rights Act of 1964 (Laws.com, 2013). Constructive discharge is designed to prevent employers from forcing employees to quit by conducting clandestine unethical behavior that would otherwise be illegal if performed in an obvious manner. In regards to the case filed against the company, the company implemented a new production schedule at the beginning of the year to accommodate the growth in business that the company was experiencing. The new production schedule changed the structure of the work shifts from a Monday through Friday schedule to a 4-day schedule, with employees working four days then having four days off. The new production policy states that the

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