TO: JOHN SMITH, A&A TOY CO. PRESIDENT
FROM: DIVISION MANAGER
Date: OCTOBER 1, 2002
SUBJECT: FORMER A&A EMPLOYEE CLAIMS RELIGIOUS DISCRIMINATION AND CONSTRUCTIVE DISCHARGE UNDER TITLE VII THE CIVIL RIGHTS ACT OF 1964 AGAINST A&A TOY CO.
It has come to the attention from our legal team that a former employee has filed claims against A&A Toy Co. under the Title VII of the Civil Rights Act of 1964. Former employee reports religious discrimination and constructive discharge after new scheduling policy was implemented. Former employee claims accommodations were not completely fulfilled on their behalf, in turn being discriminated against ultimately causing constructive discharge from A&A Toy Co. The following memorandum includes a detailed report on constructive discharge as a legal concept, areas covered under Title VII of the Civil Rights Act of 1964, A&A Toy Co.’s response to these claims, and resolutions to these claims for A&A Toy Co.’s future.
Constructive Discharge as legal concept
According to the U.S. Equal Employment Opportunity Commission (EEOC), constructive discharge is defined as working conditions are to an extent that even a reasonable person would be forced to discontinue working due to the unbearable work environment or conditions. This would cause employees who are compliant in work regulations would even feel as if they need to leave work due to work conditions. Not only would this apply to working conditions, but also changes in regulations may cause constructive discharge for some employees. This becomes a legal concept in terms of this company because a former employee has filed a complaint under the EEOC Title VII of the Civil Rights Act of 1964, after a work schedule policy change. This employee who has filed the complaint against the company had left after the new policy was required. The employee reports the change in scheduling is discriminatory because it enforces employees to work on a religious holy day. The...