Rjdt Task 1

In: Business and Management

Submitted By 7pWSz4hENqD4VmTk
Words 854
Pages 4
TO: CEO XYZ Toys

SUBJECT: Title VII of the Civil Rights Act of 1964, Constructive Discharge

Success in sales and marketing has resulted in an increased demand for XYZ Toys. In response to this increase in demand, a shift change was implemented for all production employees. The new schedule requires employees to work in 12 hour shifts, with four days on, and four days off, Monday through Sunday. One employee resigned from the firm, and has filed suit under
Title VII of the Civil Rights Act of 1964 (Title VII), claiming constructive discharge on the grounds of religious discrimination, as the change in work schedule required the employee to work on a religious holy day. The purpose of this memorandum is to clarify the legal position of XYZ Toys with regards to the suit filed against the firm, and to 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,"…...

Similar Documents

Rjdt Task 2

...the template as a document. (Your company information should appear in place.) For the body of your report, use styles, such as Headings 1-5, Body Text, Block Quotation, and List Number, from the Style list on the Formatting toolbar. How to Create Bullets and Numbered Lists To create a bulleted list like this, select one or more paragraphs and click the List Bullet style in the Style list on the Formatting toolbar. To create a numbered list like the numbered paragraphs above, select one or more paragraphs and click the List Number style in the Style list. This style—the Block Quotation—can be used for quotes, notes, or paragraphs of special interest. To use the Block Quotation style, select any paragraph and then click Block Quotation in the Style list. How to Create a Footnote To create a footnote, on the Insert menu, point to Reference, click Footnote, and then click Insert. How to Force a Page Break In general, the best way to force a page break is to first insert a blank paragraph, and then click Break on the Insert menu. In the Break dialog box, click Page Break, and then click OK. more template tips Two ways to view the various style names for template text are: 1. On the Format menu, click Styles and Formatting. Click any paragraph. View the style name in the Formatting of selected text box in the Styles and Formatting task pane. 2. Click any paragraph. View the style name in the Style list on the Formatting toolbar. How to Create a Table On the......

Words: 770 - Pages: 4

Rjdt Task 1

...To: Company CEO From: Date: Subject: How the company should respond to the employee’s claim of constructive discharge. Constructive discharge is a legal concept that is part of the Federal Equal Employment Opportunity (EEO) Law, which prohibits job discrimination. This part of the EEO addresses changes in the policies/procedure in employment that result in creating an environment with the intention of targeting a specific person or groups to force them to quit or leaving any reasonable person no other choice but to quit. To establish whether this has occurred the courts have established two different criteria to judges these actions by. The first is the reasonable person standard. This is where any reasonable person would find these changes so unbearable that there is no other option but to quit to find relief from this oppressive environment, for example requiring employees to work 16 hours per day without any brakes. The second is if the employer has created the policies and/or procedures with the specific intent of causing an employee, or segment of employees, to quit; such as requiring all persons to work on religious holidays without any exceptions even though there is no true operational need to do so. It is not necessary for the situation to meet both of these criteria it must only meet one to be considered constructive discharge. In this case the former employee is claiming that the change in schedule would......

Words: 1308 - Pages: 6

Rjdt Task 2

...item 32167 was found to contain levels of lead that exceed U.S. allowable limits. This finding may impact a recent order scheduled to be shipped to Department of Elementary Education in South America. The client is expecting delivery next week. Remedies to the situation must be weighed carefully. Financial impact, changes to the company’s reputation, potential liabilities, as well as, social and ethical responsibility should be thoughtfully considered prior to moving forward. The company will incur a cost associated with these findings; the decision that must be made is how we pay the price; with dollars or with our reputation. Considering the above, there are three options, outlined below, that may mitigate the situation. OPTION 1: Ship the items as scheduled. RATIONALE: This option is the simplest. It requires nothing more on our part than to fulfill the existing contract. ADVANTAGES: No further cost incurred. We fulfill the contract with on-time delivery. By delivering the product as requested and on time, the client will be happy and contract with us in the future. The children will be happy with their new toys. DISADVANTAGES: Children could be harmed. South American equivalent of Consumer Product Safety Commission could test the items and determine the lead content and insist on replacement or refund. Our reputation as a company could be damaged internationally, as well as domestically. ETHICAL CONSIDERATIONS: Disclosure: we have a......

Words: 821 - Pages: 4

Rjdt Task 2: Code of Ethics

...To: CEO Executive Team Subject: RJDT Task 2: Code of Ethics As the Elementary Division Manager it is my responsibility to establish and enforce a Code of Ethics regarding the distribution of whistles. The decision whether to distribute the whistles as scheduled or incur additional cost to reproduce/repackage the whistle involves exercising ethical decision making. According to the quality assurance manager, the whistles have traces of lead above the U.S. legal acceptable limits for children ages 7 and younger and the cost to reproduce/repackage is $100,000. It is my goal to resolve this dilemma in a manner supported by the Toy Company as well as protect the company while fulfilling our obligations. There are three possible decision alternatives to address the problem. Each having advantages and disadvantages along with financial, legal, and ethical considerations: 1. Distribute whistles as-is and on schedule a. The company’s advantage would be honoring the negotiated contract to produce the whistles. b. The disadvantage would be the potential harm to the client due to increased lead. c. The financial consideration would be the company saving $100,000 at the customer’s risk of harm. d. The legal consideration would be the risk for potential lawsuits. e. It would be unethical towards the customer and law to disregard the regulatory limit of traces of lead. 2. Reproduce and repackage the whistles a. The company’s advantage would be ensuring customer confidence......

Words: 1063 - Pages: 5

Wgu Human Resources Rjdt Task 1

...conflicted with his observance of holy day. Due to this the employee choose to resign. B. Title VII Title VII is also known as the Civil Rights Act of 1964. It was created to prevent forms of discrimination related to racial, ethnic, national and religious minorities and women. The official Title VII documents define: The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. Section 2000e-2 a1 states: 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 or employment, because of such individual’s race, color, religion, sex or national origin. Title VII clearly states that no form of discrimination can be made based on race, color, religion, sex or national origin. However, determining if discrimination has occurred can be debated. Title VII is relevant to our situation because the employee felt that he was being discriminated on based on his religious beliefs. The employee feels this because for many years he was able to enjoy a Monday through Friday work shift until the work scheduled was changed at the......

Words: 1426 - Pages: 6

Hr-Rjdt Task 1

...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 (or prospective employee) unless the employer determines that such an accommodation would result in undue hardship on the conduct of its business”4. 4. R. Sendak’s adherence to her religious belief or practice, irrespective of the motivation, is considered “religious” under Title VII, for which MTC is being held liable for failing to accommodate requests related to the employee’s religious beliefs, leading to Sendak’s constructive discharge (legal justification to resign). Review into Compliance with Employment Laws As a result of our extensive review of the claim, and related MTC policies and practices, we do not find that MTC is in violation of Religious Discrimination under Title VII based upon the following: 1. The decision to extend......

Words: 886 - Pages: 4

Rjdt Task 2 Paper

...impropriety”. “We treat others with respect. We value their contributions and listen to their point of view. We maintain fairness in all relationships”. “We are courageous. We speak up for what is right. We report wrongdoing when we see it”. “We use good judgment. We think before we act. We use our purpose, values and ethical principles as decision filters to guide our behavior”. “We are responsible. We accept the consequences of our actions. We admit our mistakes and quickly correct them. We don’t retaliate against those who try to do the right thing by asking questions or raising concerns”. Analysis: The following are some components from Dell’s Code of Conduct that will be integral in the creation of the company’s Code of Ethics: 1. Dell’s Ethical Principles are divided into 4 commitments: people, shareholders, customers; and partners, communities and planet. Each of the 4 areas of commitments has its own guiding principles. These are the basic areas that a Code of Ethics needs to cover since each are comprises the make-up of a company. Decisions affecting each of the areas can be greatly influenced by its own guiding principles. 2. “We are trustworthy. Our word is good. We keep our commitments to each other and to our stakeholders. We do the right thing without compromise. We avoid even the appearance of impropriety”. As shown on the decision alternative recommended on how to address the lead-tainted whistles, the company operated on doing the right thing......

Words: 1022 - Pages: 5

Task 1

...Business Research Report Title Presented to: Assessment Code: RWT1 Student Name: Student ID: Date: Mentor Name: Table of Contents Executive Summary 3 Introduction 4 Research Findings 4 Finding Number 1 4 Finding Number 2 5 Finding Number 3 5 Recommendations 5 Conclusion 6 References 7 Executive Summary Task instruction: Prepare a business report based on your research findings that includes: 3. Executive summary (suggested length of 1 page) that overviews the purpose of this report. The executive summary should be the last section you write after the remainder of the report is completed. The executive summary is a mini-version of your paper and should not exceed one page. For information about executive summaries, please refer to the study materials. Please note that your executive summary, and your paper, should be written using single spaced text. Introduction Task instruction: Prepare a business report based on your research findings that includes: 4. Introduction (suggested length of 1 page) that will: a. Introduce the subject and purpose of the report; b. Preview the main ideas of the report; c. Establish your relationship to the audience. It is recommended that you use single spaced text as you see here. Regarding item 4c, please keep in mind that your relationship with the audience will come from the scenario you selected from the topic list. In some cases your position is specified. In others you will need to define......

Words: 1226 - 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

Wgu Jdt Task 1

...Rjdt Task 2a By saltzmachine | Studymode.com Human Resources RJDT Task 2a Mitchell Shaneman February 12, 2013 Memorandum To:    CEO; Executive Team From:    Eric Saltzman, Manager     Elementary Division Date:    February 11, 2013 Subject:  Alternatives for the decision regarding the high lead found in the whistles. The situation of determining how to handle the recently discovered high lead content in the large whistles order is a difficult one that will in some way affect the company. Three alternatives have been made to allow options for this decision. Alternative 1: Say nothing; allow the whistles shipment to go without notifying the customer. Alternative 2: Replace the customer’s order by providing whistles that meet the appropriate company standards. Alternative 3: Contact the customer and explain the situation, offer them a discount for on the whistles that are lower than the company standard. Decision Process The process for choosing the three alternatives began by identifying the decision to be made. The decision at hand is what to do with the information discovered about the order of whistles going to a school in South America. This is a big decision that will affect the company in each alternative. The next step of the process is listing options possible for the situation, and then studying those options by listing advantages and disadvantages of each. Then the decision was made by choosing the best overall solution......

Words: 1459 - Pages: 6

Rjdt Task 1

...accommodations once the employee request it, assuming it does not place an unreasonable 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......

Words: 694 - Pages: 3

Rjdt 1

...introduction of new 12-hour production employee shifts with four days at work which we had to change due to the company growth. The four work days can begin on any day of the week, Monday through Sunday. The requirement to work this rotating shift is the reason for the case against the company. Constructive discharge is a legal term which means that the employee is forced to quit a job because the employer has made the working conditions intolerable. However, in order to sue successfully on the basis of conductive discharge, an employee must prove in court that the working conditions that he or she experienced were intolerable. In addition, the employee must prove that the intolerable conditions were directly attributable to the employer. 1) The employer's conduct effectively forced the employee to resign; 2) A continuous patern of employer misconduct existed; 3) Conditions were so egregious and intolerable that any reasonable person would have quit. " Unless an employee can prove that you deliberately made working conditions so intolerable that the worker was forced to quit, then a court probably won't find company guilty of constructive discharge." ( JD Thorne, Small Business Reports) Title VII of the Civil Rights of 1964 is the federal statute most often applied to religious issues in the workplace and is used as the basis for litigation and... ____________________________________________________________ __________ The Constructive discharge concept......

Words: 531 - 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

...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 http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1605.xml) 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

Task 1 Rjdt

...Based on my research the employee’s doesn’t have a valid case under Constructive discharge. Constructive discharge is when an employee leaves her job because her employer made her working condition so terrible, that she was obligated to quit. Under EEOC Reasonable Accommodation & Religion “the law requires an employer to reasonable accommodator an employee’s religious beliefs or practices” retrieved from http://www.eeoc.gov/laws/practices/index/cfm / Our former employee claims that because of a change in the company’s work schedule, her shift falls on Sunday. This makes her unable to worship. Assuming this employee did not ask her supervisor to change her work schedule, or ask if she can switch with another employee. She does not have a valid case. Title VII of the Civil Right Act, 1964 is “prohibits employers with at least 15 employees or employment agencies and unions from discriminating employment based on race, color, sex, religion, age, or origin “ retrieved from http://www.eeoc.gov/policy/docs/qanda_religion/ It is illegal for an employer to treat any employee differently, harass, refuse a request to accommodate based on there religious values and practice. I don’t think this employee have any valid case because we changed the work schedule for our entire production employees. We did not treat this employee differently. She did not give us any written request to change her work schedule, so she can’t say we denied her request. Based on the situation the......

Words: 655 - Pages: 3

Huyao Xiao Hongniang Subtitle Indonesia | Boruto Naruto Next Generations (8) | Piratas Del Caribe Coleccion 5 Peliculas Dvd Nuevo Slipcover (Sin Abrir) R2