Hr-Rjdt Task 1

In: Business and Management

Submitted By DKWright
Words 886
Pages 4
The My Toy Company
RE: Lawsuit involving former employee, Rebekah Sendak
Per your request, an analysis of the principle issues presented by the law firm of Simpson, Lee & Berkowitz, LLC, representing Rebekah Senday, former production employee of The MY TOY COMPANY (hereto being referred as “MTC”). In the lawsuit, Sendak alleges that MTC is in violation of Title VII of the Civil Rights Act of 1964 for Constructive Discharge under Religious Discrimination1. Sendak filed the post-resignation claim against MTC in March of 2009, stating that she was coerced into resignation shortly after MTC enforced the new production shift policy in January 2009, which included rotating weekend shifts (Saturday and Sunday). Sendak bases her claim upon the position [that] as a Seventh Day Adventist, Saturdays are considered “religious holy days” and the enforcement of such a policy by MTC subjected her to religious discrimination.
Applicable Legal Principles to the Claim
After consultation with MTC’s Human Resources and Legal Counsel, the following Equal Employment Opportunity Commission legal and regulatory requirements have been cited as applicable to the claim: 1. Under Title VII, it is unlawful for employers to discriminate against an applicant or employee (or former employee), based upon that person’s “race, color, religion, sex or national origin or protected activity”. 1 2. “Religious discrimination involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs”2 or practices, where the person’s moral or ethical beliefs influences their ideals (principles of right and wrong), which may be upheld by traditional views.3 3. In order to remain in compliance with the laws enforced by the EEOC, it is the employer’s responsibility to “reasonably accommodate the religious practices of the employee…...

Similar Documents

Rjdt Task 1

...reasons. The employee had been given an abundant amount of time regarding notice of the upcoming change in the scheduling policy. This gave the employee ample time to be able to address their concerns regarding the impact that this new change will have on their ability to practice their religious beliefs. Since this issue was not mentioned in the simulation the assumption can be made that the employee did not raise any concerns until after the implementation if the new policy. Even after the policy took place they made no attempt to contact the company about the new policy, instead they just quite. Quitting without bringing the issue to the attention of the company in any fashion and failed to follow internal policies regarding employee HR concerns. This falls short of the constructive discharge and there by disqualifies them from falling into this class. Employee to resign must first follow internal complaint procedures before resigning and asserting a subsequent constructive discharge claim against the employer. Reporting allegations of harassment and discrimination provides the employer notice and the opportunity to correct and eliminate any inappropriate supervisory conduct consistent with the objective of Title VII to avoid future harm. (102) Giving the employer an opportunity to take corrective action benefits the employee by enabling him or her to retain his or her employment status.( Suders v. Easton, 2003) In the case of Webb v. City of Philadelphia case the......

Words: 1308 - Pages: 6

Task 1 Hr

...that we are abiding by the EEOC and Title VII of The Civil Rights Act of 1964. This will help us avoid legal issues around Title VII of the Civil Rights act of 1964, maintain a good reputation in the eye of the public, and save us unnecessary legal costs and time. If he intends to pursue further legal action we can provide our documentation and research (refer to above paragraphs) which proves that the schedule change can’t be considered a constructive discharge under Title VII of the Civil Rights Act of 1964. I hope that this information and research will provide our company with an effective way to respond to this employees claim and help save us from using unnecessary legal funds and efforts. Thank you. References 1. Supreme Court of California. Supreme Court, (1994). James m. turner, plaintiff and appellant, (S029855). Retrieved from website: anheuser 2. Find US Law. (1964). Civil rights act of 1964 - cra - title vii - equal employment opportunities - 42 us code chapter 21. Retrieved from 3. Luis Gomez-Mejia, David Balkin and Robert Cardy. Managing Human Resources, 6/e VitalSource for Western Governors University, 2012. Bookshelf. Web. 27 May 2013 <>. 4. See, e.g., Store v. Department of Human Rights, 299 Ill.App...

Words: 1230 - Pages: 5

Rjdt Task 1

...Human Resources Task 1: Memorandum to Chief Executive Officer WGU Toy Company Western Governors University In partial fulfillment of the requirements of Human Resources JDT2 Memorandum to Chief Executive Officer WGU Toy Company TO: WGU Toy Company, Chief Executive Officer FROM: Elementary Division Manager DATE: June 18, 2013 SUBJECT: Constructive Discharge Claim As a result of a work schedule policy change at WGU Toy Company, a constructive discharge was filed under Title VII of the Civil Rights Act of 1964 related to religious discrimination by a former employee. This is due to a policy change that required toy company employees to work rotating shifts to accommodate the demands of production. In this former employee’s claim, rotation would fall on a religious holy day. The rotating schedule change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment......

Words: 1726 - Pages: 7

Task 1 Hr

...The employee must inform management prior to resignation. This reasonable request or requirement would allow the employer to make reasonable accommodations. If an employer is tolerant of all religious beliefs and is willing to accommodate specific needs of individuals, it is still impossible to read minds of every employee and know every special religious belief. This given fact puts more burdens on the plaintiff to prove deliberate acts perpetuated by the employer to cause hardship or conflicts with an individual’s right to practice their religion as they perceive it to be practiced. Not the employer’s belief on practicing religion. CONSTRUCTIVE DISCHARGE UNDER TITLE VII AND THE ADEA. The Case Law on Constructive Discharge 1. The Reasonable Person Test. The majority approach holds that an employee has been constructively discharged if an employer's discriminatory acts result in working conditions so in- tolerable that a reasonable person in the employee's position would feel compelled to resign (Finnegan, 1986, pg 563). There is a substantial amount of case law that addresses the burden of proof on to the plaintiff. The predominant underlying question within the cases below is, was the employer deliberate in its actions? Was the action by the employer aimed to cause a conflict to a specific individual? If we as an employer make a decision to benefit the company and employees, was it intended to alienate an individual or certain individuals to......

Words: 3212 - Pages: 13

Hr Task 1

...Human Resources JDT2- Task 1 Sandra Emeott 4/18/2011 Introduction: Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected. Scenario: During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a case against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, 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 members, however, work from 8:00 a.m. to 5:00 p.m., Monday through......

Words: 4388 - Pages: 18

Hr Jdt2 Task 1

...Western Governors University MBA / Human Resources – JDT2 – Task 1 MEMO TO: Arnita Hudson, CEO FROM: Heather Barth, Elementary Division Manager DATE: March 6, 2014 RE: Title VII Claim A) After implementing the new 12-hour / 4-day production shift policy, an employee quit and filed a constructive discharge claim with the EEOC. Constructive discharge is an illegal discriminatory practice in which an employee is forced to resign because of an alleged unbearable work environment. Constructive discharge as a legal concept is relevant to our situation in that an employee has quit, alleging religious discrimination. There are legal arguments that must be proven by the accuser in order for a constructive discharge charge to be upheld. “To constitute a constructive discharge, the employer must deliberately create intolerable working conditions, as perceived by a reasonable person, with the intention of forcing the employee to quit and the employee must actually quit.“ (MOORE v. KUKA WELDING SYSTEMS, 1998) The burden lies on the employee, who must establish that working conditions were so difficult that they were obliged to resign because of a 1) discriminatory reason or 2) reason contrary to a well-defined civic policy such as Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits an employer from refusing to hire, from firing, or discriminating against a worker in any way based on race, color, religion, sex, or national origin.......

Words: 1915 - Pages: 8

Hr Task 1

...HR Task 1 Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must be determined: -Evidence of intolerable working conditions are present, therefore a practical employee is forced to resign. - Evidence of the employee notifying the employer the intent to resign because of intolerable working conditions and the employer is unresponsive to the employee’s concern. - Evidence of improper conduct, including violent, sexual or discriminatory harassment by the employer. - Evidence of independent contract changes by the employer, which include pay cuts, hour changes, delayed wages, refusal of holidays and suspension without pay. Constructive discharge as a legal concept is relevant to the case of the former employee filing a claim against the company under the Title VII of the Civil Rights Act of 1964. This former employee filed a claim against the company for the reason of the alleged enforcement to the company’s new shift policy. B. There are several areas mentioned in Title VII of the Civil Rights Act of 1964, which pertain to this scenario. Under Unlawful Employment Practices, SEC.......

Words: 931 - Pages: 4

Hr Task 1 finding and recommendations in the following memo. The area of the Civil Rights Act, Title VII 1 and 2 that is being used in this claim is the employer prevented the former employee from his religious holiday. An employer is not allowed to discriminate against an employee due to their religious practices or beliefs. Discrimination against religion is considered a protected class under the Civil Rights Act. The former employee believes that she was targeted by the company and was constructively discharged. Constructive discharge means that the employee, working in a hostile environment, such as an environment which was discriminating against her, was forced to resign. It was the Courts, not Congress that first crafted the constructive discharge concept to prevent an employer from "doing constructively what the act prohibits his doing directly." (NLRB v. Holly Bra, Inc., 1969). The former employee “constructive discharge” which is a way to help an employee who has quit a job due to the working conditions the employee had to deal with while at the job site. In this particular case, the employee can use “constructive discharge” due to the company changing the scheduling policy and having to work on religious holidays. The employee would have to show proof the employee felt the conditions of her work place were intolerable for her needs. A new technology, that HR Managers are using to ensure that each employee is treated fairly and not being discriminated......

Words: 1547 - Pages: 7

Hr Task 1

... Human Resources Task I Western Governors University May 19, 2014 2 A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day is the issue at hand. B. A protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario would be religious class. “It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin” (SEC. 2000e-2, 2014). C. The company should respond to the employee’s charge of constructive discharge by first acknowledging the formal charge and then contact their legal team to start building a case to fight the charge. 1. Discuss how three chosen legal references support your recommendation. a. “Employee must show that the intolerable working condition with the intent of forcing the resignation was deliberate” (Dempsey, & Petsche, 2006). As stated in......

Words: 816 - Pages: 4

Hr Task 1

...employees of any religion. The employees chosen practiced religion does not have to be one that is a commonly practiced religion to be considered a religion. Although, the religion of the former employee has not been released, whichever religion he practices is included under the Title VII of Civil Rights Act of 1964. The employee after the schedule changes did not request accommodations to be made to allow him to have religious holy days off. An employee must “an employee who seeks religious accommodation must make the employer aware both of the need for accommodation and that it is being requested due to a conflict between religion and work” ( The employee had not made management or HR aware of any accommodations needed because of religious basis. The company was only made aware of the situation after the employee had quit and filed a case against us. Since the employee did not given written notice, we will be willing to honor his requests if he will continue to work with our company. Our company can make the accommodations needed to honor his holy days. To respond to the employee’s charge of constructive discharge we can negotiate floating holidays that can be used for his religions holy days. Our company will be giving all employees three days of floating holidays to use on any day they choose that is available. In the case of Ronald Philbrook V. Ansonia Board of Education (1984), offered various......

Words: 1179 - Pages: 5

Jdt2 - Hr Task 1

...defense to providing religious accommodation requires an employer showing that the proposed accommodation causes a “more than de minimis” cost or burden.” 42 U.S.C. § 2000E (j). After analyzing this case and researching additional cases of this nature, it is my opinion that the employee has no legal backing to prove their case, and the company is not guilty in the charges placed against us, and therefore should defend our position. The company should take certain things in consideration when responding to this complaint. Firstly, it must understand and address the employee’s initial burden of proof. To establish a Title VII religious accommodation claim, an employee must first establish three elements to substantiate their claim: 1) he or she holds and practices in their religious belief, 2) the employer was informed of the belief and it caused conflict with their employment status 3) the employer subjected the employee to an unpleasant environment and/or employment decision due to the employee failing to fulfill job requirements resulting from conflict with their religious practices and beliefs. Secondly, it must consider the issue of “undue hardship”. The burden of proof when establishing undue hardship is on the employer. To prove undue hardship, the employer will need to show how much cost or disruption a requested accommodation would causeAn excessive hardship is validated if it would cause more than “de minimis” cost on the operation to the business.......

Words: 1722 - Pages: 7

Rjdt Task 1

...hardship on the employer (EEOC, Religious Discrimination). The facts discovered to date are: 1. The former employee was a long term, valued, well liked, employee with a stellar performance reviews and employment record. 2. The resignation occurred after the new 7-day work schedule policy went into effect. 3. We can find no record of written or verbal communications between the former employee and any level of management and/or HR where the former employee: a. Made management and/or HR aware that he considers the new policy to be religiously discriminatory because it will require him to periodically work on Sundays, which he considers a holy day and actively observes. b. Requested management and/or HR to provide accommodations so that that his work schedule never include Sundays. RECOMMENDATIONS: A. Former employee’s claim of constructive discharge: It’s never positive for our company to lose an employee, especially when our business is growing, and especially under a claim of discrimination. But based on the facts, it appears that the former employee voluntarily resigned. There is no evidence to support the former employee’s claim of constructive discharge for religious or any other reason. 1. There is no indication the company wanted the former employee to resign (lee v. state board, 1995). 2. The former employee did not make management and/or HR aware that he viewed the new policy as religious discrimination nor did he ever request any......

Words: 694 - Pages: 3

Rjdt Task 1

...Memorandum To: CEO From: Manager Date: March 9, 2012 Subject: Constructive Discharge Claim As requested, I have done the initial research on how the company should respond to the plaintiff’s claim of constructive discharge. According to The University of Chicago Law Review (1986), constructive discharge occurs when the working conditions of an employee are so unbearable and discriminatory that any sensible person would quit. The plaintiff must be able to prove two things: (1) that the working conditions were intolerable, and (2) that the employer deliberately created those conditions with the intent to cause the plaintiff to quit (Finnegan and Sheila, 1986). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against “persons on the basis of their race, color, religion, sex, or national origin” (Gomez-Mejia, Balkin, Cardy, 2009, p.93). The plaintiff is claiming that there was no choice but to quit based on the fact that the plaintiff was required to work on a religious holy day as a result of the work schedule policy change. According to the plaintiff, the change in the work schedule policy is an infringement on their religious beliefs and is therefore claiming constructive discharge based on Title VII of the Civil Rights Act of 1964. The legal concept of constructive discharge is relevant in this scenario, in that the plaintiff quit because he/she alleged that the work schedule policy change requires employees to work on a...

Words: 1670 - Pages: 7

Rjdt Task 1

...make recommendations to guard against future legal issues based upon Title VII. Constructive Discharge The production shift schedule change required the employee to work on a day that the employee regarded as a holy day. A reasonable person might then conclude that XYZ Toys has created a work environment which is intolerable, and the employee had no option other than to resign ("Constructive Discharge/Forced To Resign," n.d.) The suit filed by the Complaint is based on religious discrimination, and is valid under section 703. (a) Title VII of the Civil Rights Act of 1964, which defines unlawful employment practices. (a) Employer practices It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin ("Unlawful Employment Practices," n.d., sec 703). In adjudicating a claim of constructive discharge under Title VII, the court will look to the Complaint to establish a prima facie case. The burden of proof is with the Complaint to show that they hold a religious belief that prevents them from fulfilling a condition of employment; that they have notified their employer of their religious conviction, and of the conflict; and that their employment was......

Words: 854 - Pages: 4

Rjdt Task 1

...Rights Act of 1964. Seniority Rights. Undue hardship would also be shown where a variance from a bona fide seniority system is necessary in order to accommodate an employee's religious practices when doing so would deny another employee his or her job or shift preference guaranteed by that system. Hardison, supra, 432 U.S. at 80. Arrangements for voluntary substitutes and swaps (see paragraph (d)(1)(i) of this section) do not constitute an undue hardship to the extent the arrangements do not violate a bona fide seniority system. Nothing in the Statute or these Guidelines precludes an employer and a union from including arrangements for voluntary substitutes and swaps as part of a collective bargaining agreement. (Code of Federal Regulations. (2012). Retrieved from Future recommendations: In light of this complex allegation and the surrounding employment laws (specifically Title VII of the Civil Rights Act of 1964), I would make the following recommendations; 1. Reevaluate the current Human Resource and department level practices to ensure that we are meeting the requirements Title VII of the Civil Rights Act of 1964 and that all relevant policies and procedures support the ultimate goal of fair hiring and employment practices. 2. Ensure that all employees holding a leadership and/or management position complete yearly competency training surrounding......

Words: 1439 - Pages: 6

Meisten gebote | Latest Update Games | Modern Texts Slideshow 21103289 After Effects Template