Wgu Jdt Task 1

1351 Words Jun 17th, 2014 6 Pages
Memorandum
To: CEO
From: Insert Name
Date:
Re: Constructive Discharge Claim
I was notified by the corporate attorney about a former employee filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the position we as a company need to take.

How is constructive discharge relevant as a legal concept to the current scenario?

At the beginning of this year the company implemented a new work shift policy to keep up with the growth of the organization. The policy requires that employee’s in the production group work 12 hour shifts with 4 days on then 4 days off in a rotating manner. This means that at times some employee’s will be working on a
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The former employee also bears the burden of proving his prima facie case. In Lawson v State of Washington (2002), Washington State won over Lawson on a claim of constructive discharge on religious discrimination. Lawson showed that he had a genuine religious belief that conflicted with his duties and that he had informed his employer about his beliefs. The 3rd prima facie of proving discharge for failing to comply with the requirements that caused the conflict was not accepted by the court because Lawson quit of his own volition. In the company’s case proving this will result in the same ruling as the former employee quit on his own and there was no threat of discharge or discipline on part of the company. The schedule change was for all employees and not just the former employee. And the company was never informed by the former employee of the religious belief that is genuine and sincere that was in conflict with the new duties. This shows that the former employee cannot prove the 2nd prima facie either. The former employee may be able to prove the 1st prima facie but that will be the only one.

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

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