What is a constructive discharge and when is it unlawful?

Constructive discharge is when an employee feels that they are forced to quit their job due to the employer’s behavior. This can be due to discrimination or hostile work environment. When this happens, it is against the law and the employer is liable for discrimination. In Washington, under the Washington Law Against Discrimination, it is unlawful for an employer to terminate an employee in a way that constructively discharges them from their job. In other words, an employer may not engage in practices that are so oppressive that the employee has no choice but to quit. For example, if an employer creates an environment that is so hostile that it would be illegal for them to keep working, it is considered a constructive discharge. This could be due to discrimination or harassment in the workplace, such as a manager continually making offensive comments about an employee’s gender, race, or nationality. In Washington, the burden of proof is on the employee to show that they were constructively discharged due to discrimination or a hostile work environment. An employee must prove that their employer acted in a way that made it necessary for them to quit and that the employer should have reasonably expected that the employee would quit. If an employee can prove this, they may be able to obtain legal compensation.

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What is a constructive discharge and when is it unlawful?

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