Subject: Former Employee Constructive Discharge Litigation
The company attorney notified me that the former employee filed a claim against the company, citing the violation of Title VII of the Civil Rights Act of 1964 for Constructive Discharge. The company’s change of the working plan to a rotating shift system led to the violation of the employee’s rights or religious holiday leading to the litigation. It is in this regard that I write this memo to notify you about the finding of the case.
Summary of the Findings
Part A: How Constructive Discharge Legal concept is relevant to the scenario
The company implemented a new workplace shift policy in the production department to meet the company’s growth needs. The workplace policy was implemented at the beginning of the New Year. The policy required that employees in the production department work 12 hour shifts with 4 days of work and then 4 days off in a rotating shift. This implied that somehow some of the working days would fall into the employees’ religious holiday. As a result, the former employee resigned from work after the implementation.
The former employee is claiming a constructive discharge, which is a discriminatory workplace practice wherein an employee is compelled to quit the job due to the intolerable work environment (Thomson, 2007). However, to claim, constructive discharge, the courts must require evidence of deliberate discrimination on the basis of religion. In cases of religion discrimination, the employee needs to prove three important aspects which include: a) that he had a genuine belief that conflicted with the conditions of the work; b) that he had informed the employer about the belief; c) that the employer deliberately subjected the employee to discrimination. The plaintiff must also prove that the recent change of the work conditions was extraordinary and intolerable such that a reasonable employee put under the same...