Assignment 4

Assignment 4

Q1)

Mr. Long an experience employee of Dracca was not only deprived from his responsibilities and salary, but he was also discriminated mainly because of his same sex marriage (Gay marriage) by the newly appointed accounting manager of the firm (Thomson, 2007). As per employment laws particularly retaliation act of 2002, National labor relation act of 1935 an employer cannot fire, demote or retaliate his employees without giving proper and documented evidence. In this case, the accounting manager did not provide any documented material that could justify his act of depriving an employee from his responsibility.

Accounting manager was in no position to deprive Mr. Long from his responsibility based on his poor performance, because several promotions and positive appraisal clearly indicate the Mr. Long was performing exceptionally well, and was focus towards the timely accomplishment of his task. Thus, accounting manager deprived the senior employee based on his same sex marriage by saying that company cannot afford to pay for same sex marriage, and pasted some part of Bible that explains that marriage is between man and women. Yes, based on these events Mr. Long can sue the company according to employee discrimination act. In addition to this, constructive discharge is being perceived differently in different states of the country. However, by assuming the Dracca Company was situated in Arizona State, then as per “New Arizona constructive discharge bill” employee can only apply for constructive discharge act on three situations.

Firstly, employee must provide conclusive evidence regarding the unpleasant working condition that forced him to resign

Secondly employee before resigning must provide employer maximum fifteen days time to improved the working condition

Thirdly, employee must provide concrete evidence of improper and unethical acts like (Sexual harassment, violence, and others) that has forced an employee to resign

Now in this case, Mr. Long left the job because it was becoming difficult for him to perform his duties under new working conditions. For instance, if Mr. Long has left the job because of reduction pay scale and demotion that he cannot apply for constructive discharge (Weichselbaumer, 2003). However, if the employee was continuously harassed because of his same sex marriage, or was facing violent behavior from his co-workers and management, then in such situation Mr. Long can apply for constructive discharge, but for that, he has to follow the legal procedure of state law. Q2)

As per equal employment opportunity, commission an individual can file charge in behalf of aggrieved individual under specific period. In this case, Kate Karz one of the co-worker of Mr. Long reported the firing of his ex coworker to EEOC, and based on her reporting she was being fired by the company. Firstly, Mr. Long was not fired; he resigned from his post due to current working condition, so based on unethical practice Darrac can fire Kate. In this case, court will not hear the claim of retaliation because the employer has fired the employee based on his unethical allegation and practices, and not on discrimination. Retaliation act is only applicable when ...