a. Explain how constructive discharge as a legal concept is relevant to the scenario.
Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to ...view middle of the document...
Religious Accommodation covered by the Title 7 of the Civil Rights Act identifies that the employee should bring the conflict to the employers attention prior to resigning – our employee did not and so cannot be considered for accommodation.
We could consider to make reasonable adjustments at plant that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker so that he or she can attend religious services for future consideration.
Providing accommodation to observe religious days would cause difficulty and expense we can deny the claim of Constructive Discharge. In addition because the employee did not notify us about the conflict of religious faith and work days; we were not given an opportunity to accommodate the request which further nullifies the claim of Constructive Discharge.
b. Discuss areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario.
Title VII of the Civil Rights Act of 1964 covers Equal Employment Opportunity that is enforced by the Equal Employment Opportunity Commission (EEOC) that prohibits disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy), or national origin. Under SEC. 703 of Title VII of the Civil Rights Act of 1964 is it unlawful to discharge, discriminate, classify persons that deprive or...