Prep your PIPs to avoid a constructive discharge claim

Description

Abstract: An essential element of most employment discrimination claims is that the employee in question suffered an adverse employment action. An exception to this general rule may occur when an employee suffers a “constructive discharge” — that is, when working conditions are so intolerable that a reasonable person in the employee’s position would have felt compelled to resign. This article examines a case in which two plaintiffs alleged that their employer had constructively discharged them because of their age and/or race. Perret v. Nationwide Mutual Insurance Company, No. 13-40867, Oct. 20, 2014 (5th Cir.)