Summary: Not every resignation is voluntary. When an employer makes working conditions so unbearable that a reasonable person would feel compelled to quit, the law may treat that resignation the same as a termination. This is called constructive discharge, and it could mean the difference between walking away with nothing and holding your employer accountable.
It was October 31st, and the office halls were darkened with cobwebs, glowing jack-o’-lanterns, and a fog machine that hissed ominously in the corner. Spirits were high. Costumes were bold. Laughter echoed. Pranks abound. But what no one realized was that hidden beneath the masks and makeup lurked something far more sinister than ghosts or
Within employment law, the terms “hostile workplace” “harassment” and “hostile environment” often evoke images of a bully boss or inappropriate jokes. These types of situations are not uncommon. A majority of people can look at a past or current job that has created an environment that is intolerable. With
A category of discrimination that does not yet have federal protection is discrimination on the basis of weight. Weight discrimination in the workplace is quite prevalent but remains unprotected nearly everywhere in the U.S. One troubling 2023 survey by the Society for Human Resource Management revealed that half of
Valentine’s Day is a tricky day in the office. It’s a day that is about celebrating love when the office is often expressly not. This then makes the question “how can I safely celebrate” more important. Thankfully, this situation has laws that can help navigate this time.
Since February
Within the past years we have seen a surge in awareness concerning workplace harassment and discrimination, but many workers still grapple with identifying and combating a hostile work environment.
Under Texas laws, a hostile work environment occurs when an individual or group of individuals’ actions or behavior creates an intimidating, offensive
Discriminatory work dress codes are a contentious issue in many workplaces. Dress codes may unfairly target certain groups of employees based on their gender, race, religion, disability, or other personal characteristics. These dress codes can take many forms, such as: requiring women to wear high heels, dresses, or makeup; banning
“Plaintiff contends that DHS, through its discrimination and harassment, constructively discharged him. Plaintiff resigned in September 2008. Given that it has determined that a genuine dispute of material fact exists as to Plaintiff’s hostile work environment claim, and in light of other conduct by Defendant’s employees, the court concludes that a genuine dispute of material
“In the interrogatories, Plaintiff states that Wood called him a “wetback”on five different occasions: (1) April 21, 2008; (2) May 29, 2008; (3) June 21, 2008; (4) July 10, 2008; and (5) August 8, 2008. Wood also told Plaintiff that “Salvadorans are liars” on July 8, 2008. Given the number of times these racial comments
“[Defendant] argues…that it had an Equal Employment Opportunity policy, the jury could have believed…that the policy was not followed. At trial, the jury heard evidence that in response to the EEOC’s request for information, [Defendant] produced affidavits stating that [Plaintiff] never complained…. The jury heard and saw evidence and testimony demonstrating that this was false.
