Title Vii's Midlife Crisis: The Case of Constructive Discharge

92 Pages Posted: 7 Jun 2004

See all articles by Martha Chamallas

Martha Chamallas

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

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

Chamallas, Martha, Title Vii's Midlife Crisis: The Case of Constructive Discharge. Available at SSRN: https://ssrn.com/abstract=551589

Martha Chamallas (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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