Competency 329.4.6: Government Regulation – The graduate analyzes applicable legal and regulatory requirements to determine whether organizations meet legal responsibilities and act with social responsibility.

Introduction:

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 elementary division manager at a toy company, the company attorney notifies you that a former employee 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. The employee, 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 the employee’s claim.

Task:

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

A.  Explain how constructive discharge as a legal concept is relevant to the scenario.

B.  Discuss a protected category, under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario.

C.  Recommend how the company should respond to the employee’s charge of constructive discharge.
1.  Discuss how the three chosen legal references support your recommendation.

Note:  Legal references may include laws, amendments, or case law.

Note: Sources are required to successfully complete part C1. As noted in part D, all sources should be cited in APA format.

2.  Discuss steps the company could take to avoid future legal issues related to Title VII of the Civil Rights Act of 1964.

D.  When you use sources, include all in-text citations and references in APA format.

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.

Note: For definitions of terms commonly used in the rubric, see the Rubric Terms web link included in the Evaluation Procedures section.

Note: When using sources to support ideas and elements in a paper or project, the submission MUST include APA formatted in-text citations with a corresponding reference list for any direct quotes or paraphrasing. It is not necessary to list sources that were consulted if they have not been quoted or paraphrased in the text of the paper or project.

Note: No more than a combined total of 30% of a submission can be directly quoted or closely paraphrased from sources, even if cited correctly. For tips on using APA style, please refer to the APA Handout web link included in the General Instructions section.