Utah Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge refers to a legal instruction provided to juries in Utah courts regarding the concept of constructive discharge in employment law cases. Constructive discharge occurs when an employer creates a hostile work environment or engages in discriminatory practices that force an employee to resign or leave their job. This jury instruction is important in cases where an employee has claimed constructive discharge as a result of their employer's actions. It guides the jury in understanding the legal criteria for establishing a constructive discharge claim and helps them evaluate the evidence presented during the trial. The following are key points and types of instructions included in Utah Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge: 1. Definition of Constructive Discharge: This instruction explains that constructive discharge occurs when an employee resigns due to intolerable working conditions created by the employer. The conditions must be so severe that a reasonable person in the same situation would feel compelled to resign. 2. Hostile Work Environment: This instruction discusses the concept of a hostile work environment, which refers to an environment where harassment or discrimination occurs, making it difficult for an employee to perform their job. If the employer knowingly allows or participates in creating a hostile work environment, it may contribute to a constructive discharge claim. 3. Discriminatory Practices: This instruction addresses situations where an employee resigns due to discriminatory practices, such as racial, gender, or age discrimination. It explains that if an employer engages in discriminatory actions that affect the terms and conditions of employment, it may be considered a constructive discharge. 4. Reasonableness Standard: This instruction emphasizes that the employee's decision to resign must be reasonable under the circumstances. It helps the jury evaluate whether the employee had a justifiable reason to resign based on the severity and frequency of the negative conditions they faced. 5. Notice Requirement: Some instances may require the jury to consider whether the employee provided proper notice to the employer about the conditions leading to their resignation. This instruction helps the jury determine if the employee took reasonable steps to address the issues before resigning. It's important to note that the specific content and types of instructions may vary depending on the specific case, applicable laws, and the judge's discretion. Utah Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge is designed to provide clear guidance to the jury, ensuring a fair and just evaluation of the constructive discharge claim presented in court.