News & Analysis as of September 23, 2024

Discrimination › Constructive Discharge

+ Follow

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

More “Mark of the Beast” – Fourth Circuit Affirms Denial Of Employer’s Post-Verdict Motions In EEOC’s Anti-Christ Discrimination...

Seyfarth Shaw LLP on 6/16/2017

Seyfarth Synopsis: The Fourth Circuit recently affirmed a U.S. District Court’s denial of three post-verdict motions brought by an employer in an EEOC religious discrimination case alleging a failure to accommodate an...more

Constructive Discharge

Zelle LLP on 4/21/2017

The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

McNees Wallace & Nurick LLC on 5/25/2016

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more

SCOTUS to Decide Filing Period for Constructive Discharge Claims

Baker Donelson on 10/23/2015

In its October 2015 term, the Supreme Court of the United States will settle a circuit split on the filing period for a constructive discharge claim. On April 27, 2015, the Supreme Court granted a petition for review of Green...more

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on 9/30/2015

The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Parker Poe Adams & Bernstein LLP on 5/8/2015

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

A PIP of a Discharge Claim

Sherman & Howard L.L.C. on 10/27/2014

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

Tenth Circuit Addresses Circuit Split Regarding Accrual of Constructive Discharge Claims

Faegre Drinker Biddle & Reath LLP on 8/6/2014

On July 28, 2014, the Tenth Circuit joined the Seventh and D.C. Circuits in holding that some discriminatory act leading to an employee's constructive discharge claim must have occurred within the limitations period. The...more

McDonald's Restaurants of California, Inc. Settles EEOC Religious Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 12/23/2013

Federal Agency Charged Muslim Trainer Was Constructively Discharged for Not Shaving Beard - FRESNO, Calif. - McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

Franczek P.C. on 10/2/2013

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

10 Results

View per page

Page: of 1

Discrimination › Constructive Discharge

"My best business intelligence, in one easy email…"