Assignment Solutions Spot: Constructive Discharge

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3/9/2013
To: CEO of The Toy Company
From : Angel Roundy
Re: Pending Constructive Discharge Claim
Dear CEO:
As you requested I have reviewed Mr. C’s claim that was filed under Title VII of the Civil Rights Act of 1964. Mr. C is claiming that the policy change on shift work is discriminatory because it required him to work on days that his religion views as holy. Because of this policy he quit and is claiming to be a victim of constructive discharge.
Under Title VII of the Civil Rights Act of 1964 constructive discharge occurs when someone quits their job because they feel the employer has made the job so intolerable that there is no other choice. As you know Title VII of the Civil Right Act covers Equal Employment Opportunity and prohibits discrimination. The Equal Employment Opportunity Commission (EEOC) responsible for enforcing these laws. In the case brought against our company the claim is that we did not allow for religious accommodations as expected by the Civil Rights Act.
I have done some research and gathered some information for you. The law requires an employer or other covered entity[->0] to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. (EEOC, 2013) But, it is also the employee’s responsibility to notify his manager or upper managements that the new policy causes a conflict between his working hours and religious beliefs. In this case Mr. C did not notify anyone in the company of his concerns. As a result The Toy Company was not given the opportunity to accommodate Mr. C. (Find US law, 2008). The court ruled in favor of Chrysler in a 1977 case where the employee had not informed the employer of his religious needs. (Chrysler Corp. v. Mann, 1977).
Two other cases that you may want to know about are Peterson v. Hewlett-Packard in 2005. The ruling was that the employee had not notified his supervisor or the... Read Full Essay

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