JDT2 Human Resources Task 1
August 21, 2014
To: Mr. Manager
Date: August 21, 2014
Subject: Employment and legal issues
The Equal Employment Opportunity Commission (EEOC) legal definition of Constructive Discharge is forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay (Equal Employment Opportunity Commission, 2014).
An employer who wants an employee to quit and makes his or her work environment so unbearable that the only recourse they have is to quit. There is no justification for an employer to create an environment where constructive discharge is the result. However, some employers may be worried about their unemployment insurance rates increasing and try to force an employee to quit. Alternatively, the employer may want the employee to leave but may not feel comfortable firing an employee. The issue with an employee quitting is the inability to collect unemployment, which in turn creates a loss of income that give the employee grounds to take legal action. If the employee takes legal action, the employee must prove that the working environment was truly intolerable. Sexual harassment, physically threatening conduct, or acts of humiliation by a supervisor or supervisors are all examples of activities that may represent constructive discharge.
The employee who quit due to the change in production schedules may have a case against the company under the EEOC constructive discharge regulation, based on the scenario. The company made the change that affected all production staff members regardless of this person's religion. However, the employee has grounds for legal action if they can prove that the working environment was intolerable. The company must have legitimate business reasons the schedule change and prove that all production employees were affected by the change. Additionally, constructive discharge can also be proved on behalf of the employee if the company is aware of any supervisory decisions made for changing schedules around in the hopes of forcing the employee to quit.
Title VII deals primarily with employment and prohibits employers from discriminating against a person's race, color, religion, sex, or national origin. As well as discrimination based on association because of a protected trait. Any private, state government, local government, and educational institutions that employ 15 or more employees for twenty consecutive days within the current or proceeding calendar year who becomes an employer having more than 50 employees after being in business for three years are required to act under Title VII of the Civil Rights Act of 1964. (Find law, 2014).
Under the Title, certain people are protected from discrimination in the work place including hiring, firing, promotions, and compensation. The traits that are covered include race, color, religion, sex, or national origin. Additionally, the amended title includes discriminating against pregnancy and disability traits.
There are certain acts on behalf of the employer that constitutes discrimination. An open position that the company is hiring for cannot exclude applicants who are covered under the title. A specific example of discriminating against the protected trait would be to interview a woman and a man who have the exact qualifications for the position then hire the man specifically because he is a man and you do not want a woman to fill the position.
Amendment of Title VII states that an employer must make a reasonable accommodation for employees who have a sincere religious belief (Religious Accommodation). Employees must file a complaint within 180 days from the time they feel their rights have been violated.
The case against the company may fall under Title VII where accusations of discrimination based on religion have occurred. There are many ways in which religion