To: Christopher Cringle, CEO
CC: Edgar Tuttle, Attorney
From: VJB, Elementary Division Manager
Date: [ 9/4/2014 ]
Re: Title VII / Constructive Discharge Discrimination Claim
Per your request, I have completed my research on the discrimination claim filed against Happy Tot Toy Company by a former employee. The employee is claiming constructive discharge under Title VII of the Civil Rights Act of 1964,
Title VII of the Civil Rights Act prohibits workplace discrimination against any person(s) on the basis of their religious beliefs, ethical background, color, gender, or national origin. With regards to religious beliefs, it requires that an employer make ...view middle of the document...
”(EEOC) Third, the new work schedule, and the conflict it caused, created such an intolerable work environment for the employee that it was believed that “he/she must resign because it became impossible to remain employed in good-standing and uphold his/her religious beliefs” (Shaker).
My recommendation would be to have an impartial mediator sit down with company representatives and the former employee and see if arrangements can be made to allow him/her to resume their employment with Happy Tot Toy Company, keep their religious holy day observance, and not have the accommodation(s) create a financial burden on the Happy Tot Toy Company. Mediation provides an atmosphere where involved parties can gain an understanding of the critical issues and concerns of each party. “The complainer gets an opportunity to contribute to the outcome of the complaint and the employer gets a chance to find out what the former employee really wants” (Bolt). “The law requires an employer or other coved entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business.”(EEOC3). Reasonable accommodation can take the form of shift changes and can include allowing voluntary shift swapping. (EEOC4) . “Employers should work with employees who need an adjustment to their work schedule to accommodate their religious practices.” (EEOC)
The end result is the company will save money on case litigations and/or court settlement costs, but more importantly get a reputation as an employee oriented company.
My suggestion would be that a slight change be made to the new work schedule. Keep the four day, 12 hours schedule, but change the days off from four to three. This small change would allow accommodations not only for the former employee, but any other employees whose religious holy day observation may be in conflict. This change would allow current employees to have the same days off each week, which would include their religious holy day, and make it easier to accommodate new employees, of different religions whose religious holy day falls on different week days.
To avoid any future legal issues with Title VII of the Civil rights Act, Happy Tot Toy Company needs to institute a policy of zero-tolerance for infractions of the Title VII Civil Rights Act. Procedures need to be posted which explains what Title VII Civil Rights Act entails and the ramifications of any violations...