Topic > Pros and Cons of Constructive Discharge - 2406

EEOC employee claimed he retired following discriminatory denial of his promotion. The employee argued that the denial due to the reorganization forced him to retire or take a demotion constituting constructive dismissal. The Fifth Circuit found that pay disparity is not generally considered a constructive dismissal unless it is career-ending, and the employee has the burden of showing aggravating factors outside of the discriminatory act itself. If the employee cannot demonstrate these aggravating factors, he or she is expected to remain in the workplace to combat discrimination. It matters how significant the pay cut was, whether the employee left for a higher paying position or whether they left just to be