Constructive Discharge Memo: Constructive Discharge Under Title Essay

Constructive Discharge

Memo: Constructive Discharge under Title VII of the Civil Rights Act of 1964

Chief Executive Officer

Company Executive and Board of Staff

Response to the accusation of Constructive discharge filed against this company

I am writing this Memorandum to advise your office on the way forward in relation to the issue of constructive discharge filed against this company. As you know, an employee of this company has claimed that the recent changes in work-shifts schedule have been structured purposely to constrain their religious practices. In fact, the employee has filed legal charges grounding this company in a greater risk of contravening Title VII of the Civil Rights Act of 1964. This memo provides a clear and resounding response on what is to be done to contain this situation. The memo will prove how this company could have violated the law by constrain employee religious rights (holy day). Secondly, the memo will recommend on what is to be done as a response to the constructive discharge. A decisive recommendation on how the company can minimize contravention of Title VII of the Civil Rights Act of 1964 is also provided.

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

It is evident from the employee's argument that the justification presented may have significant effects on constructive discharge. This is based on the knowledge that the employee alleges various accounts of violation of religious rights. Constructive discharge refers to the general misconduct of the employer, which prompts an employee to abandon the work. In any case, constructive discharge heavily revolves around employer-derived offenses like sexual harassment or denial of religious rights (Kaplin, & Barbara 2006, p. 411). In June 14, 2004, the Supreme Court presided over a decision in Pennsylvania State Police vs.Suders. During this case, the Supreme Court argued that constructive discharge was only possible in severe or pervasive situations. These are situations characterized in an abusive working environment (Bradley, 2004). The assumption presents a clear justification that this company may have violated intrinsic rights as alleged by the employee. This memo emphasizes the necessity of the company in abiding to a recent policy change where employees must honor all days as working days. In this event, the employee's charge on constructive discharge heavily discredits this company. This memorandum also requests the executive council to institute counterbalancing measures on the withdrawal of constructive discharge. In this case, the company can develop a special task force to look into unique matters related to employee intrinsic rights as compared to the court option.

Areas covered under Title VII of the Civil Rights Act of 1964

The Civil Rights Act was enacted on July 2, 1964. The Act outlaws all forms of discrimination against racial, national, ethnic, religious minorities, or gender. In particular, Title VII shows that it is must not discharge an individual or refuse to hire based on compensation, conditions, terms of employment premised on one's race, nationality, sex, color, religion, or origin. However, the scenario presented involves the deprivation of employee religious rights. The title further extends its affirmation of the concept of what it adversely affects employees' status. The Act empowers employees to file complaints with the Equal Employment Opportunity Commission (EEOC). After this, the EEOC is mandated to file a lawsuit with the federal court. However, it is logical….....