Civil Rights Constructive Discharge

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MEMO Civil Rights Act 1964 (Constructive Discharge) Schedule Shift beginning on Jan 1, 2013 (Work on a Religious Holy Day) Date: March 10, 2013 Dear Mr. CEO, Pursuant to the claim made against Toy Company, LLC (“TCL”) regarding constructive discharge and working on a religious holy day, of which it is a legal concept put into practice in 1964 under the Civil Rights Act (“CRA”). I have located a few items of interest that will allow us to respond with understanding and basic knowledge. Understanding Constructive Discharge: Constructive Discharge occurs when a company has created intolerable conditions for which an employee is to work. Unbearable conditions include but are not limited to discrimination or harassment, and negative…show more content…
Ed.2d 305 (1986), which stated “more than loss of pay is required to demonstrate discipline or discharge,” There has been a current case that happened in the Supreme Court, Burlington Northern, based off of the “retaliatory” stating that the expansion of the level of retaliatory conduct needed may not be a lasting approach. Therefore, if it isn’t going to remain a standard within the court rulings and looks to change, we may have the burden of proof to demonstrate that we have complied with every option imaginable. This could be difficult in the future to demonstrate what actionable items we have done. It seems far easier to state what we haven’t done than to state what we have done. To avoid this happening in the future we can do a few things to protect us. Many preventative actions such as rotating shifts, allow for a fulltime substitute worker-group that is skilled in all areas (this could consist of 3-4 people who cover shifts when needed), and/or coordinate work schedules to benefit those who would like more hours to accept openings that are offered first on suspected religious holy days, these actions could help protect us from future claims. This could allow the workers the opportunity to have options for someone to cover their shifts. On these bases, it would seem wise and very prudent to proceed with carefulness in this area, and use extreme caution prior to refuting or rescinding an accommodation regarding religious holy day practice as per the

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