JDT2-Task 1
MEMO
TO: CEO
FROM: Division Manager
DATE: January 29, 2014
RE: Discrimination Research
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The following are my findings regarding the constructive discharge from the employee that has left our company after our policy change.
The employee is alleging that we discriminated against them because we made them work on a “Holy Day.” He is claiming “constructive discharge.” Constructive Discharge is when an organization makes the employee’s work environment was so intolerable that they had no choice but to quit (constructive dismissal). He is stating that because we change the work schedule from a five day Monday through Friday to a 12 hours shift, four days on and four days off. Since this new schedule means that they can end up working any day of the week including Saturday or Sunday, he would have to work on the “Holy Day”. Since the production workers are the only ones that the schedule changed for, this can be portrayed that we are discriminating them.
Religion is one of the protected categories that are protected under Title VII of the Civil Rights Act of 1964. This is Act protects employees from being discriminated on the bases of race and color, national origin, religion, and sex. This Act is only in effect for companies that have more than 15 employees. Discrimination is in all aspects of a person’s employment. You cannot discriminate in the Recruiting, Hiring, Performance, Training, Wages, and Benefits. What is relevant to our situation is religious discrimination. According to this Act, you may not treat a person unfavorably because of religious beliefs (Religious Discrimination). This is relevant in our situation because we needed to make sure we accommodated him and left him off on the “Holy Day.”
The first thing we have to worry about is the “reasonable person test”. This test in reality is to state if a normal person would have suffered
TO: CEO
FROM: Division Manager
DATE: January 29, 2014
RE: Discrimination Research
******************************************************************************
The following are my findings regarding the constructive discharge from the employee that has left our company after our policy change.
The employee is alleging that we discriminated against them because we made them work on a “Holy Day.” He is claiming “constructive discharge.” Constructive Discharge is when an organization makes the employee’s work environment was so intolerable that they had no choice but to quit (constructive dismissal). He is stating that because we change the work schedule from a five day Monday through Friday to a 12 hours shift, four days on and four days off. Since this new schedule means that they can end up working any day of the week including Saturday or Sunday, he would have to work on the “Holy Day”. Since the production workers are the only ones that the schedule changed for, this can be portrayed that we are discriminating them.
Religion is one of the protected categories that are protected under Title VII of the Civil Rights Act of 1964. This is Act protects employees from being discriminated on the bases of race and color, national origin, religion, and sex. This Act is only in effect for companies that have more than 15 employees. Discrimination is in all aspects of a person’s employment. You cannot discriminate in the Recruiting, Hiring, Performance, Training, Wages, and Benefits. What is relevant to our situation is religious discrimination. According to this Act, you may not treat a person unfavorably because of religious beliefs (Religious Discrimination). This is relevant in our situation because we needed to make sure we accommodated him and left him off on the “Holy Day.”
The first thing we have to worry about is the “reasonable person test”. This test in reality is to state if a normal person would have suffered
References: (14, 02 11). Retrieved from Merriam-Webster Dictionary: http://www.merriam-webster.com/dictionary/discrimination Am I protected from religious discrimination? (n.d.). Retrieved 02 10, 2014, from Open Jurist: http://openjurist.org/law/am-i-protected-from-religious-discrimination constructive dismissal. (n.d.). Retrieved 02 01, 2014, from Business Dictionary.com: http://www.businessdictionary.com/definition/constructive-dismissal.html Gwendolyn I. Cooper v. Oak Rubber Company and John Doe, Supervisor, 92-4039 (United States Court of Appeals, Sixth Circuit 02 09, 1994). Hussein v. Raban Supply Co, 95-15914 (United States Court of Appeals, Ninth Circuit 03 04, 1996). Kenneth R. Yott v. NORTH AMERICAN ROCKWELL CORPORATION and International Union, United Automobile Aerospace and Agricultural Implement Workers of America, Local 887, 72-1383 (United States Court of Appeals, Ninth Circuit 08 21, 1979). Religious Discrimination. (n.d.). Retrieved 02 01, 14, from U.S. Equal Employment Opportunity Commision: http://www.eeoc.gov/laws/types/religion.cfm Resources. (14, 02 11). Retrieved from AAUW: http://www.aauw.org/resource/title-vii-of-the-civil-rights-act-of-1964/#titlevii5