Human Resources: Western Governor’s University
A. Constructive Discharge
Under the doctrine of Title VII in the Civil Rights Law, Constructive Discharge is when the employer creates working conditions that are so intolerable, that the employee would be compelled to resign (Saxe, I., 1987). The majority of courts who withhold Constructive Discharge as a reasonable form of discrimination against an employee, only require that the plaintiff prove that the employer deliberately created working conditions that were so intolerable that a reasonable employee would feel that it was necessary to resign (Saxe, I., 1987). Constructive Discharge is relevant in the scenario of the employee quitting after the new policy on shift work took effect, because the new policy would mandate that he be subjected to work on a holy day, given that a Saturday or Sunday would sometimes be on his shift schedule. The plaintiff can claim Constructive Discharge based on religious discrimination. However, the court can choose to decide that the claim is unfounded, if it is not recognized as a deliberate act against a particular person and their religion by a reasonable and objective person (Saxe, I., 1987). Another view on Constructive Discharge in this particular scenario is that the former employee did resign “in reasonable response to an employer-sanctioned adverse action” that changed the employee’s employment situation (Crumpacker, J., Crumpacker, M., 2007). Given that the employee’s situation changed based on the new shift policy, this area of the law will withstand.
B. Protected Category, under Title VII of the Civil Rights Act of 1964
People who are considered to be in a protected class are any groups of people who have suffered discrimination in the past and who are given special protection by the judicial system. Under Title VII, the protected categories are: African Americans, Asian Americans, Latinos, Native...