Human Resources Memo Task 1
To: Candy Land Toy Company Legal Department
From: (NAME), Human Resources
Date: (DATE)
Re: Mr. David Madison: Constructive Discharge Lawsuit
Overview:
Demand for our products has grown, and to meet that demand we have had to change the production work schedules. Mr. Madison did resign after the schedule change took effect, and after leaving filed a lawsuit calling for constructive discharge and contends it was based on religious discrimination.
Research:
According to Title VII of the Civil Rights Act of 1964, constructive discharge:
• Work conditions must be deemed intolerable to the reasonable person
• That said conditions were created with specific intent to force an employee to quit
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1) speaks about discrimination on the basis of religious beliefs.
Disparate Treatment – A person is held to a different standard than other employees centered exclusively on their association to a particular religious belief.
Failure to accommodate – In order to honor his or her religious beliefs the employee must requests a special accommodation. If Mr. Madison:
• Honestly held a religious belief
• Informed us of that belief
• Informed us of conflicts between his work schedule and his religious beliefs
• Requested special accommodations
• Exhausted all administrative avenues
And we:
• Failed make a good faith effort to accommodate his religious beliefs
• Gave adverse reviews
• Disciplined Mr. Madison because his religious belief’s interfered with his work
Then we are liable to settle a constructive discharge lawsuit.
Constructive Discharge – Employer fails to provide accommodations to a reasonable request resulting in the employee quitting. The employee must prove that work conditions were unbearable and that continued employment was not an option (Shaker). Candy Land Toy Company Policy #: HR154 covers a couple different options when trying to meet
From: (NAME), Human Resources
Date: (DATE)
Re: Mr. David Madison: Constructive Discharge Lawsuit
Overview:
Demand for our products has grown, and to meet that demand we have had to change the production work schedules. Mr. Madison did resign after the schedule change took effect, and after leaving filed a lawsuit calling for constructive discharge and contends it was based on religious discrimination.
Research:
According to Title VII of the Civil Rights Act of 1964, constructive discharge:
• Work conditions must be deemed intolerable to the reasonable person
• That said conditions were created with specific intent to force an employee to quit
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1) speaks about discrimination on the basis of religious beliefs.
Disparate Treatment – A person is held to a different standard than other employees centered exclusively on their association to a particular religious belief.
Failure to accommodate – In order to honor his or her religious beliefs the employee must requests a special accommodation. If Mr. Madison:
• Honestly held a religious belief
• Informed us of that belief
• Informed us of conflicts between his work schedule and his religious beliefs
• Requested special accommodations
• Exhausted all administrative avenues
And we:
• Failed make a good faith effort to accommodate his religious beliefs
• Gave adverse reviews
• Disciplined Mr. Madison because his religious belief’s interfered with his work
Then we are liable to settle a constructive discharge lawsuit.
Constructive Discharge – Employer fails to provide accommodations to a reasonable request resulting in the employee quitting. The employee must prove that work conditions were unbearable and that continued employment was not an option (Shaker). Candy Land Toy Company Policy #: HR154 covers a couple different options when trying to meet
Cited: Dinonysius RICHARDSON, Albert E. Flournoy, Thaddeus Dias, Eugene Fleming, Jr., and Edward Hunt, Individually and on behalf of other similarly situated, 572 F.2d 89 (United States Court of Appeals, third Circuit February 17, 1978). Goldmeier v. Allstate Insurance Company, 01-3888 (United States Court of Appeals, Sixth Circuite March 25, 2003). Pennsylvania State Police v. Suders, 542 US 129 (Supreme Court of the United States March 2004). Finnegan, S. (1986). Constructive Discharge Under Title VII and the ADEA. Chicago. Shaker, J. (. (n.d.). Religious Diversity Accommodation. (Retrieved from RS&C:) Retrieved from http://www.ryanswansonlaw.com/Documents/Articles/Religious_Diversity_Accommodation.pdf Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). (n.d.).