Rjdt1 Constructive Discharge

In: Business and Management

Submitted By hubris
Words 1063
Pages 5
The employee is claiming the company violated the employee’s Civil Rights under the Civil Rights Act of 1964, by requiring him to work on a religious holy day. The employee is asserting this made it intolerable for him to continue to work here, forcing him to quit his job. In order to establish a response, the company must determine if an evaluation of accommodating employee shift changes was conducted, and if it found it to be an undue hardship for the company. If this is not the case, the company must determine if the employee requested an adjustment to his new work schedule. The company should consider countering the employee’s claim if the shift change evaluation determined an undue hardship, or the employee did not request a shift change. If the evaluation was not conducted and the employee requested a shift adjustment, the employee may have grounds for a claim. The company should consider implementation of an accommodation policy to affirm compliance with the Civil Rights Act of 1964.
Constructive discharge is a legal construct to describe the situation where the employer makes the workplace environment intolerable to the employee so that the employee will quit rather than being fired. The intent of constructive discharge in this instance is to justify the act of the employee quitting his job equivalent to the action of the employer firing the employee (Dempsey & Petsche, 2006). The definition of intolerable is based on the rationality of a reasonable person. The legal concept of “the "reasonable person" is used to define the standard of care that triggers liability” (Solum, 2011). In our situation it means would a reasonable person find the work change policy harassing and coercive. The employee is attempting to assert that the triggering event for the constructive discharge claim was a violation of his Civil Rights by the company.
Title VII of the Civil…...

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