The claim requires working conditions so intolerable that a reasonable person would feel compelled to resign. Most jurisdictions require conditions worse than those supporting a hostile environment claim.
The employee must generally give the employer an opportunity to correct.
Alternative Names:
Constructive Termination, Forced Resignation
Why it Matters?
The intolerability standard is higher than hostile environment, which means an employee who resigned rather than complaining faces a substantial burden. Resignation without using the complaint procedure also undermines the claim and supports the Faragher-Ellerth defense. Documenting that the employee resigned for unrelated reasons, including a new position obtained beforehand, is the productive defense evidence.
Frequently Confused with
Related terms
Frequently asked questions
How does the standard compare to hostile environment?
What undermines the claim?
