Constructive Discharge

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Constructive Discharge occurs when an employee’s working conditions are considered to be so bad due to a policy or enforcement of that policy that the employee feels compelled to resign from the employer. This Constructive Discharge claim was filed under the section of Title VII of the Civil Rights Act of 1964 after a work schedule policy change took place. The employee filed this claim post-resignation.

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This employee has claimed that the change is religious discrimination due to requiring that he work on a religious holy day. To make note to the case, please keep in mind that this employee resigned after the policy took effect at the beginning of the year. Under Title VII of the Civil Rights Act of 1964 it is prohibited for any employment discrimination based on race, color, religion, sex, or national origin. This is in regards to any current or former employee.

The term “religion” includes all religious observances, practices, and beliefs. For this case to be proven as religious discrimination under Title VII, the employee must show that he: (1) holds a sincere religious belief that conflicts with an employment requirement; (2) has informed the employer about the conflict; and (3) has been discharged, disciplined or subjected to discriminatory treatment for failing to comply with the conflicting employment requirement.

Title VII states that it is the employer’s obligation to reasonably accommodate requests by staff members to practice their sincerely held religious beliefs and observances. For this case, “Reasonably means that accommodating these practices would not cause hardship or conflict with normal business operations.