The recent changed in the company’s policy on shift work requiring production staff to work rotating 12-hour shifts with four days at work and then four days off to meet growing demands of customers prompted the employee to quit. The employee’s constructive discharge lawsuit claimed that the policy change is discriminatory because it requires employees to work on a religious holy day thereby creating an intolerable working condition that forced the employee to quit rather than suffer more abuse which is why constructive discharge as a legal concept is relevant to the scenario.
Title VII of the Civil Rights Act of 1964 protects employees and job applicants of companies with 15 or more employees from the employer’s unlawful employment practice of discrimination based on race, color, religion, sex, and national origin. This law also established the Equal Employment Opportunity Commission (EEOC), an independent federal agency that enforces laws against workplace discrimination.
Courts have developed two different tests for determining when an employee has been constructively discharged by a discriminatory employer (Finnegan, 1986):
1. The Reasonable Person Test or majority view - an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable.
2. The Specific Intent Test or minority view - a plaintiff must show not only that conditions were intolerable, but also that the employer created those conditions with specific intent of forcing the employee to resign.
An employee who seeks religious accommodation must make t...
... middle of paper ...
...prevent lawsuits by acting on complaints in a timely manner – by making sure that complaints are heard and acted upon within 30 days. The company needs to be vigilant and make sure that proper documentation of meetings, consultations, and decisions are being observed in order to protect its interest in case a similar situation such as this one arises in the future.
Finnegan, S. (1986). Constructive discharge under title vii and the adea. The University of Chicago Law Review, 53(2), Retrieved from http://www.jstor.org
U.S. Equal Employment Opportunity Commission, (2008). Section 12, religious discrimination (No. 915.003). Retrieved from http://www.eeoc.gov
Veronica Taylor v. Patuxent Institution, No. CCB-09-1111 (D. Md., 2009)
David A. Goldmeier and Terry C. Goldmeir v. Allstate Insurance Company, 337 F.3d 629 (6th Cir. 2003).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- A. Constructive Discharge Constructive discharge, or constructive dismissal, means that the employee resigned from their position as a result of the employer creating an intolerable and difficult environment. Constructive discharge is viewed as the employee being pressured to quit due to the employer making changes to the working conditions or responsibilities, but from a legal position, the employee quit due to forced termination, or fired without good cause. ("TimsLaw.com » Constructive Discharge - Being forced to quit - Tim 's Missouri Employment Law Info Site," n.d.) At the beginning of the year, a work schedule policy change was made to increase production hours as a result of company... [tags: Discrimination, Employment, Law]
1089 words (3.1 pages)
- CASE STUDY 1-1 Reinstatement and Back Pay Remedy for Illegal Discharge 1. As a matter of public policy, an employer should not be a requirement to reinstate an unlawfully terminated employee even when that person is an illegal alien. Overall, this seems to be a violation of the Immigration and Reform Act of 1996, and also one of the Legal Arizona Workers Act. This would mean that the illegal alien employees would be the result of the breaking of state and federal laws. Therefore, making it illegal to reestablish the employees with the job employment positions.... [tags: Trade union, National Labor Relations Act]
1495 words (4.3 pages)
- FACTS: Bob Marsh, a former detailer (product specialist and sales associate) of Kramer Pharmaceutical was fired because of failure to comply with company protocol. Marsh worked at Kramer Pharmaceutical for 12 years and was considered a hard working, well established detailer. He possessed excellent references and credentials, however Marsh was asked to resign after failing to make several changes in his behavior. Although it was a little unconventional, his methods have worked well for him for 12 years.... [tags: Business Law Case Studies]
2296 words (6.6 pages)
- Nancy Drew Suders was hired March 1998 by the Pennsylvania State Police (PSP) as a police communications operator for the McConnellsburg barracks, where her three male supervisors subjected her to a "continuous barrage of sexual harassment." Suders said one of the supervisors Sergeant Eric D. Easton, talked to her repeatedly about sex with animals. The second, Corporal Eric B. Prendergast sat on her desk and made gestures simulating oral sex. The third, Patrol Corporal William D. Baker made obscene gestures as many as five or ten times a night.... [tags: Law Case Studies]
728 words (2.1 pages)
- Constructive Discharge Constructive Discharge consists of two elements: (1) the employer 's conduct must have created working conditions so intolerable that an employee is forced to resign; (2) the employer must have acted “to encourage or discourage membership in any labor organization” within the meaning of section 8(a)(3). In Control Services, the Company made unilateral changes, without bargaining to a lawful impasse, to the employee’s hourly wages and medical benefits which were found to be a violation of the Act.... [tags: Employment, Wage, Trade union]
2406 words (6.9 pages)
- Applications of ‘Gas Discharge Visualization’ technique in cardio vascular diseases in India SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF Ph. D. (YOGĀ & LIFE SCIENCE) DEGREE OF SVYASA UNIVERSITY Svämé Vivekananda Yoga Anusandhäna Saàsthäna (Declared as Deemed-to-be University under Section 3 of the UGC Act, 1956) BENGALURU– 560019 INDIA 1. BACKGROUND 1 1.1. CARDIOVASCULAR DISEASES 3 1.2. NEED IN INDIA 3 2. REVIEW OF SCIENTIFIC LITERATURE 4 2.1. AIM 9 2.2. OBJECTIVE 9 2.3.... [tags: disease, cardio, discharge]
2875 words (8.2 pages)
- A Good Discharge Planning and Post Discharge Care: Case study outline: I had a patient namely Mrs J a 86-year-old lady admitted to my ward for right fracture neck of femur secondary to fall. Being a ward manager I had a robust discharge care plan done for Mr J and was discharged after 7 days admission with a good care package. Feelings I was very much concerned about her discharge planning on admission especially that comes with a fracture and a fall. I had a chat with him regarding his social status and found out that he lives alone in a three-bed house, toilet upstairs, independent with activity of daily living, got good support from family and friends.... [tags: Patient, Sociology, Geriatrics, Hospital]
731 words (2.1 pages)
- One must understand that patients who are prescribed warfarin are at a high risk of bleeding. According to Sanderson et al. (2009) “many patients were unable to link known risk factors as contributing” to DVT to their therapist (p. 25). Although patients are admitted for major lower extremity surgeries, some of these patients also have chronic diseases, such as cerebral vascular accident (CVA), coronary artery disease, diabetes, cardiac, renal disease, and obesity and might take a complex medication regimen.... [tags: healthcare professionals]
1723 words (4.9 pages)
- The local renal satellite services offer patients treatment of haemodialysis 3 times a week. This is a treatment for patients whose kidneys have failed and it is to remove toxins and waste from the blood (Levy et al 2009). Patients are often unwell when they attend the unit and also have other issues that affect their health. These are linked either to their kidney failure, or to other co-morbidities. Cardiac problems often become a major complication for dialysis patients (Harnett et al). This assignment will be discussing a patient who attended the dialysis unit feeling unwell on arrival.... [tags: renal satellite services, kidney failure]
1279 words (3.7 pages)
- Discharge of a Contract There are four ways in which a contract may be discharged. Ø Agreement. Ø Performance. Ø Frustration. Ø Breach. 1. DISCHARGE BY AGREEMENT. A contract can be discharged in precisely the same way it was formed. Notice that there must be consideration from both sides. 2. DISCHARGE BY PERFORMANCE. Complete and proper performance will discharge both parties. The original rule was that performance must be precise and exact. Re Moore & Co Ltd and Landauer & Co  2 KB 519.... [tags: Papers]
6088 words (17.4 pages)