Employment & Legal Issues:
Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim
Western Governors University
To: CEO, Toy Company
Date: November 3, 2014
Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim
* A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation." (Jenkins V. State of Louisiana Department Of Corrections, 874 F2d 992 (5th Circuit 1989, June 7) bullet point 12)
* A constructive discharge ...view middle of the document...
Mr. Jenkins was unable to prove either claim leaving the court ruling for the State of Louisiana, Department of Corrections.
* Title VII of the Civil Rights Act of 1964 is a federal law that protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex, and religion. Under Title VII, an employer may not discriminate with regard to any term, condition, or privilege of employment. Areas that may give rise to violations include recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. (Title VII of the Civil Rights Act of 1964, page 1)
* Title VII prohibited employers to discriminate against an applicant or an employee based on their race, color, national origin, sex, and religion. This law also makes it illegal for an employer to retaliate against an applicant or an employee because said person filed a complaint/lawsuit that pertains to any sort of discrimination under Title VII. (Laws Enforced by EEOC , section Title VII of the Civil Rights Act of 1964 (Title VII))
* The company does not evidence that the former employee notified the company of his/her religious beliefs. The company was not given an appropriate amount of time to investigate and/or offer an alternative work schedule to accommodate his/her religion beliefs. Title VII makes it illegal for a company to discriminate on an individual based on their religion beliefs. The company implemented a production work schedule solely based on the company growth, customer demands and production needs. The schedule was implemented for all production employees not just this individual. For the company to offer alternative to a work schedule to everyone it would hinder our production deliverable, customer needs, customer stratification and company’s profits. If the company were to make an exception for this individual then it would open itself up for others to file lawsuits Therefore, religion discrimination claim filed under Title VII does not apply in this case and it would hinder the company’s operations.
* In the case of Turpen v. Missouri-Kansas-Texas Railroad Company, Mr Turpen also filed a claim against the Missouri-Kansas-Texas Railroad Company under Title VII act - Region discrimination. He claim the company had fired him due to his religious beliefs, even though he was able to support his claim in the courts ruled in favor of the a M-K-T Railroad due to the cost of making such accommodations to four employees would have hinder the company to continue to operate.
* The company has enough evidence to disprove both claims filed under Title VII of the Civil Rights Act of 1964 – Religion Discrimination and Construction Discharge filed by the former employee against the company.
* In order to avoid any legal fees that will/may be incur in defending the pending case against the Toy Company, and...