Human Resources

From: Date: 11/25/2014
Re:       Title VII
I have researched the following in reference to the disgruntled employees Title VII claim and have formulated the following thoughts and possible responses:
  1.   Aspect of Constructive Discharge that relate to this case
      a. Constructive discharge can be sought by an employee when the employee claims the company has made the working conditions unbearable and therefore has no other choice except to quit.   This is significant because usually when an employee quits, they cannot sue the company for wrongful termination, and cannot claim unemployment benefits.   However, in the situation where the employee feels the employer made the job unbearable they can file a wrongful discharge suit.   In other words, the employee claims they had no other option but to resign due to the conditions of the job.  
      b. In order to prove a constructive discharge, the employee must be able to prove that the employer either “intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee’s resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign.”   (The Supreme court, 1994)  
      c. Constructive discharge is relevant in this case because the employee had originally taken the role when the hours fit within his religious guidelines.   When the company changed the hours, it violated his religious beliefs to work on the day that was considered Holy Day.   The employee made the company aware, and it appears no accomodations were even discussed.   It does not appear the company made any attempt to discuss the situation with the employee.   When an employee makes these claims, especially when it is due to a protected category from Title VII, there must be an attempt to made an accomodation for   the employee.     The employee should have made a claim in writing that the working...