From: Your Name Here, HR Manager
Date: July 27, 2012
Subject: Constructive Discharge Claim
As requested, I have performed the preliminary research on how the company should respond to the plaintiff’s claim of constructive discharge. According to The University of Chicago Law Review (1986), constructive discharge occurs when the working conditions of an employee are so intolerable and discriminatory that any sensible person would quit. The plaintiff must be able to prove two things: (1) that the working conditions were intolerable, and (2) that the employer deliberately created those conditions with the intent to cause the plaintiff to quit (Finnegan and Sheila, 1986).
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against “persons on the basis of their race, color, religion, sex, or national origin” (Gomez-Mejia, Balkin, Cardy, 2009, p.93). It applies to employers with 15 or more employees, including federal, state, and local governments. Title VII would apply in this situation.
The employee is claiming the company violated the employee’s Civil Rights under the Civil Rights Act of 1964, by requiring him to work on a religious holy day. The employee is asserting this made it intolerable for him to continue to work here, forcing him to quit his job. In order to establish a response, the company must determine if an evaluation of accommodating employee shift changes was conducted, and if it found it to be an undue hardship for the company. If this is not the case, the company must determine if the employee requested an adjustment to his new work schedule. The company should consider countering the employee’s claim if the shift change evaluation determined an undue hardship, or the employee did not request a shift change. If the evaluation was not conducted and the employee requested a shift adjustment, the employee may have grounds for a claim. The company should consider implementation of an accommodation...