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Question

Memo for the CEO

MG402 Guidelines for Task 2

Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected.
Scenario:
During your third week as the Division manager at XYZ toy company, the company attorney notifies you that a former employee (Ms. Jane Smith) has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change.
Ms. Smith, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day.In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the New Year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday.

In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to Ms. Smith’s claim.
Task:

Prepare a memo for the CEO in which you summarize your findings by doing the following:

 A.    Did the events that lead to Ms. Jane’s resignation present itself as constructive discharge? (Explain how constructive discharge as a legal concept is relevant to the scenario).

B.     Applicable circumstances under the Title VII of the civil rights act that are related to Ms. Smith’s case. (Discuss a protected category, under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario).

C.  Question: Should XYZ Toy Company accept the charges brought forth by the EEOC?

Answer: indicate here if XYZ should accept guilty or state that they are not guilty of the charge.  Recommend how XYZ Toy Company should respond to the employee’s charge of constructive discharge.

C1.  Three chosen legal references that support our recommendation. (Discuss the three c references you chose in this section)

Note:  Legal references may include laws, amendments, or case law.  Sources are required to successfully complete part C1. 

C2.  Recommended future steps that XYZ company can do to avoid legal issues around Title VII of the Civil Rights Act of 1964: (Discuss steps the company could take to avoid future legal issues related to Title VII of the Civil Rights Act of 1964).

 NOTE: When you use sources to support ideas and elements in a paper or project, provide acknowledgement of source information for any content that is quoted, paraphrased or summarized. Acknowledgement of source information includes in-text citation noting specifically where in the submission the source is used and a corresponding reference, which includes:

•   Author

•   Date

•   Title

•   Location of information (e.g., publisher, journal, or website URL)

 Note: The use of APA citation style is encouraged but is not required for this task. Evaluators will offer feedback on the acknowledgement of source information but not with regard to conformity with APA or other citation style. For tips on using APA style, please refer to the APA Resources web link found on the first page of the MG402 site.

Note: No more than a combined total of 30% of a submission can be directly quoted or closely paraphrased from outside sources, even if cited correctly. Note: When bulleted points are present in the task prompt, the level of detail or support called for in the rubric refers to those bulleted points.

Expert Solution

The resignation of Ms. Jane from XYZ Toy Company does not present itself as a constructive discharge. Constructive discharge occurs when the employee resigns after experiencing unbearable working conditions (Roessler et al., 2010). It would have been a constructive discharge if the employee made efforts to request the adjustment of the policy to favor her religious hold day. Ms. Jane just saw it unbearable to work in our company despite the flexible policy, giving all the production employees four free days a week. 

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