Constructive Discharge: A Case Study Essay

Constructive Discharge: A Case Study
A review of a scenario that involves a Title VII Civil Rights discrimination charge based on the concept of constructive discharge.
# 154186 | 2,710 words | 6 sources | 2014 | US
Published on May 26, 2015 in Business (Human Resources)


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From the Paper:

"At the beginning of the New Year, our company implemented a new shift policy for our production employees that is better suited to the demands of our business. The new policy changes the previous Monday thru Friday 8 hour shifts to a 4 day 12 hours shift (4/12) following 4 days off, which call fall within any day of the week. The new schedule will eliminate the previous Saturday and Sunday days off of work, resulting in employees being required to now work on religious holy days. This policy was only implemented with the production employees and our office staff has remained at the Monday thru Friday schedules. Employee John Doe voluntarily terminated his employment after the implementation of the new schedule policy. The Title VII Civil Rights discrimination charge states Mr. Doe felt the enforcement of this new policy is discriminatory since the policy requires him to work on religious holy days.
Constructive discharge is one of the discriminatory practices wherein an employee is forced to resign because of perceived intolerable work environment and courts generally agree to the employee if they determine that a reasonable person would also feel same way if given the employee's position (Dempsey, & Petsche, 2006). The Civil Rights Act of 1964 protects
employees and prohibits employers from discriminating against their employees on the basis of
race, color, age, sex, religion, national origin or disability. Because our former employee sees our schedule change as discriminatory to his religion he has made a decision to pursue this action.
"It is the responsibility of the plaintiff, in this situation Mr. Doe, to prove prima facie evidence that such discrimination had in fact occurred (Gomez-Mejia, Balkin & Cardy, 2009).
Generally, constructive discharge cases are difficult to prove, and Mr. Doe must first prove the working conditions did in fact become intolerable, and allow the employer an opportunity to correct the problem. Prima facie evidences in cases of religious discrimination usually include, first, the plaintiff had a genuine religious belief that conflicted with duties; second, the plaintiff informed the employer of the beliefs; and third, the employer subjected the plaintiff to discriminatory treatment (Gregory Lawson v. State of Washington, 2002)."

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