Brock Law Office - Law Office of Gregory P. Brock

Can a constructive discharge serve as an adverse employment action? Yes, constructive discharge may be asserted under the FEHA. See Colores v. Bd. of Trs., 105 Cal. App. 4th 1293 (2003) (conduct of Plaintiff's supervisor, her impossible workload, and the overall atmosphere at her workplace raised triable issues of fact as to whether Plaintiff was constructively discharged). The standard by which a constructive discharge is determined is whether a reasonable person faced with the allegedly intolerable employer actions or conditions of employment would have no reasonable alternative except to quit. In order to establish a constructive discharge, a plaintiff must show that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or...

Official Website