Essay on Rdjt 1

856 Words Jan 18th, 2013 4 Pages
From: Elementary Division Manager
Date: 01-07-2013
Subject: Constructive Discharge of Employee Brought to my attention by the company attorney, a former employee has filed a legal claim against the company claiming “constructive discharge” of religious discrimination falling under Title VII of the Civil Rights Act of 1964. The claim stems from an alteration in the previous production schedule to better support the company’s progress and development. The new schedule is requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff
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Our former employee cannot make a reasonable claim to support the argument of an intolerable change with the implementation of the new work schedule. Although the new production schedule may seem to violate the former employee’s religious rights the schedule is applied to all employees. Simply, no other employee resigned due to the change, and a notification of change in schedule was given well in advance to all employees.
Title VII of the Civil Rights Act of 1964
This Civil Rights Act deems unlawfulness of discrimination against any individual with respect to race, color, religion, sex, or national origin. In 1972, the Civil Rights Act “was amended to include section 2000e which imposed the religious accommodation obligations. That section requires accommodation of employee religious observance except when ‘undue hardship on the conduct of the employer’s business’ will result” Silbiger, 1985). The case of Vargas v. Sears could be used to support the matter at hand in which the employee of this case did not present to the employer reason of no alteration of the present work environment due to religious reasons (Vargas v. Sears Roebuck and Company, 1998). Simply, the former employee of our company did not provide information of not being able to work on Sundays due to religious reasons. This, also, could be supported by the Elmenayer v. ABF Freight case of 2001 when the employee did not provide reasonable information in proving that current work

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