Title Vii's Midlife Crisis: The Case of Constructive Discharge
92 Pages Posted: 7 Jun 2004
This article analyzes the claim of constructive discharge which arises when an employee alleges that he or she was forced to resign because of intolerable working conditions. Particularly since the Supreme Court's ruling in two important sexual harassment cases in 1998, the lower courts have grappled with the proper characterization of constructive discharge claims. Some have treated the claim like an actual discharge, imposing strict liability. Other courts treat the claim as if it were a claim for hostile environment and have refused to impose liability in the absence of negligence. The Supreme Court will resolve the split in the circuits this term when it decides Pa. State Police v. Suders, a constructive discharge case from the Third Circuit.
Keywords: employment, constructive discharge, harassment, labor law, hostile environment, Title VII
JEL Classification: J70, J71, J78, K31
Suggested Citation: Suggested Citation