Here is the initial research you had requested I conduct on our recent production employee Law Suit.
Our former employee alleges discrimination on the base of freedom of religion.
As you know with the start of the new fiscal year all schedules where changed to accommodate new company production demands due to our Company’s organic growth.
Our former employee claims that the enforcement of the company’s new policy on shift work is discriminatory because it requires employees to work on a religious holiday. He resigned a few days after the implementation of the new schedules. The employees perception was that we “Toy Company“ discriminated against him and his rights to observe a religious holy day. The employee saw now other recourse but to resign. When an employee resigns due feelings of discrimination is also called “constructive discharge”. To the untrained eye and without further study this may look like a Text book case of discrimination.
Title VII of the civil rights act of 1964 prohibits employers from discriminating against individuals because of their religion in Hiring, Firing and other conditions of employment. The law however provides that the employer must make reasonable accommodations for the employee unless these cause the employer “undue hardship” (2 ).
During my research I found a number of cases ( hrinfocenter,“ n.d. ) “EEOC vs. Mr. Bill’s Restaurants”, “EEOC vs. Delta Airlines” and “Cosma vs. Henderson”, where the courts sided with the employer. In these cases the employers were able to prove they had either attempted to make or made reasonable accommodation and the employees in question in one way or another refused the accommodations.
Knowing we work for a great company that is committed to fair employment practices and takes pride in being accommodating to all our employees I am sure, had we known of the employees religious believes we may have been...