911 words 4 pagesMemo
To: Chief Executive Officer
Subject: Response to constructive discharge law suit.
Constructive discharge occurs when an employer makes working conditions unbearable that an employee feels forced to resign from his job. Unbearable conditions can include discrimination, harassment or negative change in pay.
In our company’s case the former employee alleges that enforcement of company’s new shift policy is discriminatory because the policy requires employees to work on a religious holy day.
The former employee can establish that constructive discharge occurred only if he can show that our company purposefully created an intolerable or discriminating working environment to quit.
The …show more content…
Dorothy Burdette v. FedEx Corporation 10a0136n.06 (6th Cir 2010) case supports our recommendation of litigation because the Burdette has offered no evidence of direct discrimination. The district court found that Burdette had failed to satisfy the fourth prong of the test; that she was treated differently than a similarly situated employee. FedEx has presented evidence that an arrangement that would allow Burdette to have all Saturdays off would have created safety risks. Allowing her not to work during the peak time would have created an undue hardship for FedEx, a hardship the law does not require FedEx to bear.
To decrease the chances of employee Title VII claims in the future the company could implement the following changes:
Conduct exit interviews for employees who are leaving the company for all reasons like resignation, termination or retirement. Document exit interviews and analyze for troubled areas or policies in the company that could be potentially eliminated.
Make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co-worker.
Do not publish a job advertisement that shows a preference for a certain race, color, religion, sex or national origin.
While recruiting for job vacancies, do not request