EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Single Topic for Decision 1804H
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503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
To establish a prima facie case of constructive discharge, a charging party must demonstrate: (1) that the burden imposed upon the employee must cause, and be intended to cause, a change in the employee's working conditions so difficult or unpleasant as to force the employee to resign; and (2) the burden was imposed because of the employee's protected activity.