Tuesday, 6 May 2014

WGU- JDT2 Human Resources TASK 1



 WGU- JDT2 Human Resources TASK  1 -Highly Rated Work




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Memorandum concerning alleged religious discrimination
            Religious discrimination is similar to all discrimination and yet completely different.
 Discrimination is broadly defined by giving preferential treatment or undue hardship on another
 person due to their religion, physical impairment, race, marital status, ethnic back ground or a
number of other reasons. Religious discrimination is more difficult to access by appearance than
say physical impairment. A person in a wheel chair or with a foreign accent is easy to distinguish
 as in a protected class. Religious beliefs are the individual’s beliefs and it is only the individual
 that knows this belief. This fact puts more burden of evidence on the plaintiff. This is a choice
that the individual is allowed to change at any given moment. We must allow these choices to be
made  and accommodate but we must be made aware of the conflict.
            Religious discrimination is the lowest of all EEOC claims but this number has doubled in
 recent years (EEOC compliance Manual, 2008). It is obvious by the rapid increase in claims that
 a potential for unseen lawsuits may be developing within our organization without our deliberate
 attempt or without our knowledge. During World War II, the United States  confined thousands
of US citizens of Japanese descent. Currently, the climate in our country is one  of discontent
 with those of Muslim backgrounds or appearing of Arab descent. This fear by outsiders of those
 cultures stems from terrorist activities committed by that religious or ethnic group. This fear
began on September 11, 2001 when a major attack was perpetrated by those of Arab descent
upon the American people. That fear and reprisals is most likely a catalyst for the spike in
religious discrimination claims. This known result of  war demands that we as leaders in our
 industry make an example for others as to our commitment to abide by the laws of our land.
We cannot read employees minds but we are obligated to accommodate what we are
 aware of. An employee can file a law suit by perceived discrimination without justification.
We must be aware that this risk to our profitability and reputation can easily be remedied.
            This memorandum is being prepared with the intent to highlight the points of law that
pertain in a lawsuit which was filed against our company and our alleged indiscretions. These
 indiscretions could have occurred by either our ignorance of or deliberate violation of federal
 law. I wish to share some case law on the subject to determine if it was our ignorance or our
clear violation of the law. With limited specifics about the alleged complaint, I will concentrate
on following the letter of the law. I would not consider myself an expert in these matters.
 It is common sense for most people to treat others as you would like to be treated. The
laws and court decisions have followed this ideology. The main differentiation between treating
other’s as individual’s and the Equal Employment Opportunities Act provisions is different. As
 employer’s we are held to a higher standard. It is not just the civil rights act that we must
contend ourselves with, it is the separate federal legislation that pertains to employment. This is
 the law that we must abide by. It has become a common standard of employer’s who wish to
recruit desired employee’s to treat employees with indifference towards their personal
 background including but not limited to their religious preferences.
The term Constructive Discharge, could be described as constructing an environment that
 is difficult or impossible to perform the assigned job. If this resulting environment results in a
resignation or through a deliberate act of constructing a case to terminate an employee
violates a federal law we have to answer for these acts.
 In the case of religious discrimination, it is difficult for an employee to prevail in a law
 suit if that employee resigns without giving the employer due notice of an unknown conflict.
The majority of people would not believe that a deliberate attempt by the employer to construct
an environment that is so intolerable, that an employee would resign without giving the employer
any notice of such intolerable working conditions.  A simple notice of a company policy to
management that causes undue hardship or conflict that violates the individual’s religious beliefs
 would suffice. The employee must inform management prior to resignation. This reasonable
 request or requirement would allow the employer to make reasonable accommodations. If an
employer is tolerant of all religious beliefs and is willing to accommodate specific needs of
individuals, it is still impossible to read minds of every employee and know every special
religious belief. This given fact puts more burdens on the plaintiff to prove deliberate acts
perpetuated by the employer to cause hardship or conflicts with an individual’s right to practice
 their religion as they perceive it to be practiced. Not the employer’s belief on practicing religion.
 CONSTRUCTIVE DISCHARGE UNDER TITLE VII AND THE ADEA. The Case
 Law on Constructive Discharge 1. The Reasonable Person Test. The majority approach
holds that an employee has been constructively discharged if an employer's
discriminatory acts result in working conditions so in- tolerable that a reasonable person
 in the employee's position would feel compelled to resign (Finnegan, 1986, pg 563).
There is a substantial amount of case law that addresses the burden of proof on to
 the plaintiff. The predominant underlying question within the cases below is, was the employer
deliberate in its actions? Was the action by the employer aimed to cause a conflict to a specific
individual? If we as an employer make a decision to benefit the company and employees, was it
intended to alienate an individual or certain individuals to cause a conflict.


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