Resignation or constructive discharge?
Abstract: After a male firefighter proofread a female co-worker’s grievance before slipping it under the supervisor’s door, he initially denied any involvement but later told the truth. At a hearing, the Public Safety Chief gave him the choice between resigning voluntarily and being terminated. He resigned, but then filed a racial discrimination and retaliation complaint in district court. The U.S. Court of Appeals for the Eleventh Circuit looked into whether the plaintiff’s resignation was actually a “constructive discharge” because it occurred immediately following a disciplinary hearing. Ross v. City of Perry, No. 09-15392, Sept. 22, 2010 (11th Cir.)