Constructive Discharge

The term Constructive Discharge is stipulated in the civil rights act of 1964 under title VII which targets and regulates practices of Employment discrimination. Constructive Discharge occurs when an employer makes a working environment intolerable and forces an employee to quit. There are many factors which may make a breach of employment eligible to be considered as Constructive Discharge, though most cases include a degree of harassment on the employer's behalf.

When an employee is harassed by his or her employer, the working conditions may become adverse to the job requirements. It is important to qualify what is considered harassment. Title VII contains provisions against potential claimants that would confuse an employer's disciplinary discretion for harassment. For example, an employer may correct or reprimand an employee at his or her discretion so long as the method of reprimand does not interfere with the employee's ability to perform his or her job. While this is not a solid standard for harassment, it leaves judgement up to the applicable court in terms of personal discretion. What a sensitive employee may consider harassment may be construed as discipline by his or her employer. It is the court's job to rule and find fact in these matters.

The basic requirement in a constructive discharge claim is the element of intolerability. An employer's actions must make an employee so miserable that he or she would choose to quit rather than suffer more harassment or unfair treatment. It is very important for courts to examine the nature of the position and occupational stresses when making such a ruling. For example, certain high volume customer service jobs may cause a high degree of personal stress for employees. What an employee may construe to a court as "intolerable" may very well be a realistic occupational stress and not the fault of the employer. It is up to the court to determine whether the work environment is truly "intolerable" or not.

Under the principle of Constructive Discharge, one may seek legal remedy for a past decision to quit a position should he or she be able to prove that quitting was the only reasonable solution in a destructive/intolerable work environment.