MANAGING OPERATIONS

Managing operations

Managing operations

To: Company CEO

From: ABC

Date: Nov, 6 2011

Subject: How the company should respond to the employee's claim of constructive discharge.

Constructive discharge occurs when an employee is forced to quit because of the unbearable working conditions. These include a negative change in work, harassment and work related discrimination. The employee in the scenario was forced to leave because the management has made the job unbearable. In this regard, employee has the right to file a wrongful termination suit against the management. This case is similar to being unfairly discharged.

Forcing a worker to resign if proven constitutes a constructive discharge, and of course unfair, forcing the company to pay the appropriate compensation for unfair dismissal. The Court doesnot issue constructive discharge in the case where employees at first don'tcomplain about the offensive behavior. Similarly, employees who succeed in the lawsuitreceive small compensatory damages.

The management changed the working schedule, which led the employee to resign from work. This was forceful constructive discharge. The change and resignation failed to develop a cause and effect relationship in enough time. Furthermore, the change in schedule was intolerable for the employee and it was reasonable to quit in this case.

Employers with 15 or more employees and trade-related workers, who have been employed each working day of 20 or more calendar weeks in the current year or the preceding year, are covered by Title VII. Title VII applies to all employers, potential employers, unions, employment agencies and joint training committees to manage the work. Title VII, through various amendments, applies to state and local governments, government agencies and political subdivisions. Religious organizations are exempt when based on religion.

According to this scenario the employee, resign from his work was because of policy change, which was discriminatory. Employee can allege constructive discharge at that time. Constructive discharge is logical to the scenario as The Civil Rights have argued (and the courts subsequently agreed) that Congress has the power to prohibit discrimination in employment, public accommodations, and other areas of everyday life (Gerencher, 1999).

In response to this scenario, Sec. 703 of Title VII of the Civil Rights Act of 1964 states that it shall be an unlawful employment practice for an employer if he:

Refuse or fails to hire or to discharge any individual, or discriminate against an individual with respect to his terms, compensation,or privileges of employment or conditions, because of such individual's color, race, religion and origin.

Furthermore, Sec 703 of Civil Rights Act also states it should be unlawful for the labor organization if it excludes or expels an individual from its membership, or discriminate against an individual because religion,color, race, sex and natural origin

Civil Rights Act of 1964 prohibits discrimination based on religion. There are differences between these laws and prohibition of racial discrimination under Title VII. It is not necessary to exhaust administrative remedies (such as when claims under Title VII). It should be noted that the burden of proof in a violation under section 1981 may be more difficult to achieve, it ...