Constructive Discharge

984 WordsJan 30, 20114 Pages
Constructive Discharge Constructive discharge as a legal concept is relevant to the given scenario in that an employee has quit, alleging that he/she has been discriminated against due to a work schedule policy change. This work schedule policy change requires that employees work on a religious holy day. The employee is claiming to have been religiously discriminated against. Constructive discharge is upheld in court if the work conditions were made to be so intolerable that a reasonable person would resign, and in some cases it must be proved that it was the employer’s intent that the employee would resign. There are two ways in which constructive discharge is tested: The Reasonable Person Test and The Specific Intent test. 1.The…show more content…
3.In Johnson v. Bunny Bread Co., “the plaintiff claimed that the ‘close monitoring and harsh treatment’ that he received from his supervisors formed the basis of a constructive discharge.” All other employees were treated in the same manner. The court upheld the finding that the plaintiff’s handling was not done with the intent to force him to resign. “Certainly the employer did not wish to force all of its employees to resign.” 4.According to Young v. Southwestern Savings and Loan Association, the court defined a standard by stating that "if the employer deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation, then the employer has encompassed a constructive discharge.” How to Avoid Legal Issues around Title VII of the Civil Rights Act of 1964 1.Title VII applies to most businesses. Find out if it applies to yours. Title VII applies to employers with fifteen or more employees, regardless of whether the employees work on a temporary, full-time or part-time basis. 2.Anyone involved in hiring, such as managers and human resources representatives, should be required to review Title VII. 3.Provide training on the appropriate questions to ask a potential candidate during job interviews. For example, an interviewer should not ask questions relating to race, color, religion, sex or national origin. 4.Interviews
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