MEMO TO: FROM: DATE: SUBJECT: Mrs. Jane Smith, CEO, Jinkie Pops Toy Co. Amy Hance, Elementary Division Manager August 22, 2012 Constructive Discharge Claim of Mr. William Fleck

As per your request, I have reviewed the documentation relating to Mr. Fleck’s resignation and subsequent claim. I have researched pertinent case law and have prepared the following synopsis and recommendation for your review. As the Jinkie Pops Toy Company grows, operational changes are necessary to meet the demands of increased sales. One change that was implemented was a schedule modification for employees working on the production line. Previously, production employees were scheduled to work eight hours a day, Monday through Friday. The new schedule required …show more content…
Based on his outstanding work history while employed with the company, I would recommend an offer of reemployment in a position within the company that would allow free practice of his religion. A number of options are available including a non-rotating shift or reassignment to different job class with a set schedule. While we are not required to offer accommodation in this situation, the company would suffer no undue hardship or burden by coming to a mutually satisfying resolution. (Equal Employment Opportunity Commission and Elizabeth McDonough v. The Catholic University of America, 1996) After completing my investigation, I recommend that the company review and update policies and procedures relating to fair employment practices. Regular training should be required for supervisors and managers so that Title VII considerations are evaluated often. Employees should also be receiving information about their rights and responsibilities in the work place regarding fair and equitable treatment. Finally, the company should maintain its posture of valuing employees and working toward a workplace that is comfortable and fair.

References International Brotherhood of Teamsters v. United States, 431, U.S. 324 (1977).

Civil Rights Act of 1964 – CRA – title VII – Equal Employment Opportunities – 42 US Code Chapter 21. (2008) Retrieved