Essay on Constructive Discharge Laws

Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the

My final recommendation would be to make a statement to the employee filing charges against us to inform them know that we are aware of the Code of Federal Regulations (Guidelines on discrimination because of religion, 2009) and that we are willing to work with the individual to find a solution. If the employee dropped the charges and came back to work for us then there are a number of accommodations we would suggest such as

This act was setup to address discrimination of protected classes (e.g. African Americans, Asian, Americans, Latinos, Native Americans, and women). The part of Title VII of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gmoez-Mejia & Cardy, 2013).” Discrimination is about the making of distinctions; in the context of human resources, it is about the making of distinctions among people. There are two type of discrimination. Disparate treatment is when an employee is treated differently because of his protected status. Adverse impact is when the same standard is applied across the board; however it impacts a protected class more (Gmoez-Mejia & Cardy, 2013).In the case of #1-2013 adverse impact could apply to the shift changes that were implemented in January 2013. As the shift changes applied to all production employees. This could be construed as unintentional discrimination. However we haven’t had any other complaints to date.The company must reasonably accommodate religious beliefs or practices; unless it creates undue hardship (e.g. costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work). There are several ways

Evidence of his wife’s adultery was presented at trial and the husband was granted a divorce on that ground by the trial court. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial court also held that the separation agreement was invalid due to terms of unconscionability and constructive fraud or duress. Derby v. Derby, 378 S.E. 2d

This says it is unlawful to discriminate against people at work because of their religion or belief. The regulations also cover training that is to do with work.

provide some type of relief to his work schedule. (29CFR1605.2, 2006) By failing to alert the company to his needs, the company was denied the opportunity to engage in the interactive process to determine a reasonable accommodation and acceptable solution to the scheduling conflict. The 8th Circuit Court concluded that if the employee fails to inform an employer of a religious need, the employee “may forgo the right to have his beliefs accommodated by the employer.” (Chrysler Corp. v. Mann, 1977) The facts reveal that Mr. Fleck did not notify management of a religious conflict relating to the new schedule. This will allow his claim against the company to be unfounded. Title VII religious discrimination claims must prove that the employee informed the employer of the conflict and that the employer created working conditions untenable because of religious belief. (Trans World Airlines, Inc. v. Hardison, 1977). However, it is the Jinkie Pop Toy Company’s tradition to treat our employees with respect and dignity. Employees are the

The company can show to the courts that the accommodation of such a religious practice would result in undue hardship for the company. The shift change is being made due to the growth of the company. Not doing this will result in significant financial losses due to lost opportunities. In EEOC

First, the ex-employee NEVER requested a reasonable accommodation. Title VII requires a person to make said request without the request creating an undue hardship to the company. An employee must inform the company of the need for an accommodation based on a disaccord between the person’s religious belief or practices and their work duties. The relevance is that the law requires the individual to request an accommodation. According to the information cited, this individual made no such request.

The United States is one of the most culturally and religiously diverse countries in the world. The founding fathers of the United States wanted to ensure that its people would have the ability to practice their religion with no threat of persecution. In order to accomplish the goal of religious freedom and continue to ensure that all people of any religion would be free to practice their religion, the United States passed Title VII of the Civil Rights Act of 1964 that prohibits an employer from discriminating based on the religious views of its employees. As the citizens of the United States spend a large amount of time in their places of employment, religious practices that these employees feel are necessary for the true observance of their religion must be accommodated by the employers. This law contends that in cases where the accommodation of religious practices of its employees does not create undue hardships, an employer must make reasonable accommodations for employees to practices the beliefs of their religion. As the demographics of the United States continues to change with more religiously diverse people immigrating to the country, employers are coming under more pressure to ensure they are taking all possible precautions to accommodate the religious practices of its employees. These precautions are important as the once an employee has established a bona fide complaint of religious discrimination, the burden of proof then falls on the employer to prove they

A woman from South Carolina was denied unemployment benefits because of her religious beliefs. She was a Seventh Day Adventist who worshipped on Saturday. Her place of work originally only operated five days a week. Sherbert converted to Seventh Day Adventist and began to worship on Saturday. Her work then decided to be open six days a week including Saturday. She then refused to work on Saturday her day of worship and was fired because of it. After being fired she looked for a new job but could not find one that would accept

Reasonable Accommodation & Religion: The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker.

K.B. runs this small department. She received approval to hire another medical ethicist to relieve the workload of the other ethicists who have a five-day workweek plus rotating on-call shifts nights and weekends. K.B. interviewed R.G. for the job. During the interview, she explained to R.G. that the on-call rotation was 5 pm to 8 am, Monday through Thursday, and weekends Friday at 5 pm through Monday at 8 am. K.B. emphasized how crucial it was for each ethicist to commit to their call schedule. K.B. acknowledged that she understood. After a successful interview, K.B. offered R.G. the job, and R.G. accepted. One week before she was to begin working, R.G. sent an email to K.B. requesting religious accommodation:

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.

I. FOLLOWING RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THIS COURT SHOULD GRANT SUMMARY JUDGMENT IN FAVOR OF THE DISTRICT BECAUSE THERE IS NO DISPUTE OF MATERIAL FACT, FOURTH AMENDMENT CLAIMS MAY BE DECIDED AS A MATTER OF LAW, AND A RATIONAL TRIER OF FACT WOULD FIND FOR THE DISTRICT.

Religion in the workplace can bring up some of the most difficult issues employers have to face. Resolving these issues requires understanding the law and balancing the business's needs with an employee's desire to practice his or her religion. One of the most contentious conflicts is between an employee's desire to take time off and the potential reduction in productivity and profitability. In ruling on Title VII religion cases, the courts have held that employers aren't required to accommodate employees' religious activities when it involves increased financial costs, transferring supervisory personnel or employees from other departments resulting in inefficiency, or discriminating against other employees or violating seniority systems. Accommodations that don't constitute undue hardship to the employer include voluntary substitutions or employee "swaps," flexible work schedules, floating or optional holidays, staggered work hours, and allowing employees to make up lost time. Transfers and job changes also are options if they don't cause reduced efficiency or