In accordance with BrainMass rules this is not a completion of assignment but only background help:
FROM: Elementary Division Manager,
DATE: July 06, 2011.
SUBJECT: Claims of constructive discharge:
The reason why this memo is being written is that a former employee has filed a case under against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, on the charges that the company requires its workers to work on religious holidays. The reason for this charge is the introduction of 12-hour shifts with four days at work. These four days can start any day of the week. This rotating shift is the reason for the case against the company (Sullivan, & Craig. C, 2008).
Constructive discharge is a legal term which means that employees resign because their employer's behavior has become so monstrous or ...view middle of the document...
Under this law denying a reasonable accommodation of an employee's sincerely held religious beliefs or practices, if an accommodation will not impose more than a diminished cost or burden on business operation is discrimination. So, imposition of compulsory 12-hour shifts requiring work on any day of the week has been construed to be religious discrimination under Title VII of the Civil Rights Act of 1964(Perritt. H, 2006).
There are three recommendations that would help alleviate the situation. The first is that the implementation of the revised working hours should be suspended temporarily. The reason is that the change should not be dramatic (Greenaway Harrison Ltd v Wiles  IRLR 380). The second recommendation is that the reason for the change in working hours should be discussed with workers representatives and union officials. The reason for this recommendation is that the company's behavior should not be perceived to be arbitrary, capricious, inequitable, intolerable or outside good industrial practice (Woods v WM Car Services (Peterboriugh) Ltd  ICR 666). Finally, the employees should be informed that the revised working hours will not be imposed on them if they object to these hours. The reason is that if these are to the detriment that acts as the last straw (Logan v Commissioners of Custom and Excise  IRLR 63).
The steps to avoid violation of Title VII of the Civil Rights Act of 1964, religious discrimination clause is to let the employees know that they must apply to the company if they need a particular day of the week off on religious grounds. If an application is received, it must be evaluated and if it complies with the requirements of Title VII of the Civil Rights Act of 1964, the worker must be allowed that particular day off.
Perritt. H, (2006), Employee dismissal law and practice, E5, Aspen Publishers Online.
Sullivan, & Craig. C, (2008) Basic Labor and Employment Law for Paralegals, Aspen Publishers Online