10.13 Civil Rights-Title VII-"Constructive Discharge" Defined

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-10-13
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 10.13 Civil Rights-Title VII-"Constructive Discharge" Defined, refers to the concept of an employee being forced to leave their job due to a work environment that is so intolerable and discriminatory that it is deemed equivalent to a discharge. It is a form of workplace discrimination that is prohibited by Title VII of the Civil Rights Act of 1964 and its subsequent amendments. There are two types of constructive discharge — direct and indirect. Direct constructive discharge occurs when the employer takes a specific action that forces the employee to resign, such as reducing pay, hours, or job responsibilities. Indirect constructive discharge occurs when the employer creates an environment that is so hostile or discriminatory that a reasonable person would not be able to stay. In both cases, the employee must prove they have been subject to discrimination in order to successfully initiate a lawsuit.

10.13 Civil Rights-Title VII-"Constructive Discharge" Defined, refers to the concept of an employee being forced to leave their job due to a work environment that is so intolerable and discriminatory that it is deemed equivalent to a discharge. It is a form of workplace discrimination that is prohibited by Title VII of the Civil Rights Act of 1964 and its subsequent amendments. There are two types of constructive discharge — direct and indirect. Direct constructive discharge occurs when the employer takes a specific action that forces the employee to resign, such as reducing pay, hours, or job responsibilities. Indirect constructive discharge occurs when the employer creates an environment that is so hostile or discriminatory that a reasonable person would not be able to stay. In both cases, the employee must prove they have been subject to discrimination in order to successfully initiate a lawsuit.