When Harassment Becomes Intolerable: Constructive Discharge Cases Under NJLAD
Constructive discharge occurs when an employee resigns due to intolerable working conditions that make continued employment impossible. Unlike wrongful termination, where an employer explicitly fires an employee, constructive discharge arises when an employer’s actions—or inaction—force an employee to quit.
In New Jersey, the New Jersey Law Against Discrimination (NJLAD) provides a powerful framework for employees to pursue claims of constructive discharge arising from workplace harassment. Understanding how NJLAD applies to these cases is essential for employees seeking justice.
What Is Constructive Discharge?
Constructive discharge occurs when an employee’s resignation is not truly voluntary but is instead the result of unbearable workplace conditions. Under New Jersey law, for a claim of constructive discharge to succeed, the employee must demonstrate that their work environment was so hostile, abusive, or discriminatory that a reasonable person in the same situation would feel compelled to resign.
The key standard, often referenced in New Jersey case law, is whether the conditions were “so intolerable that a reasonable employee would have no choice but to resign.” The threshold is high; mere dissatisfaction or discomfort is insufficient. Instead, the conditions must create a hostile work environment that fundamentally alters the terms and conditions of employment.
The Role of NJLAD in Constructive Discharge Claims
The New Jersey Law Against Discrimination (NJLAD) is one of the most robust anti-discrimination statutes in the country. It prohibits discrimination and harassment based on protected characteristics such as race, gender, religion, age, disability, sexual orientation, and more. NJLAD also protects employees from retaliation for reporting or opposing unlawful conduct. When harassment or discrimination based on these protected categories creates intolerable working conditions, NJLAD becomes a critical tool for pursuing constructive discharge claims.
Establishing a Constructive Discharge Claim Under NJLAD
To bring a successful constructive discharge claim under NJLAD, an employee typically needs to prove the following elements:
- Membership in a Protected Class or Engagement in Protected Activity: The employee must show that they belong to a class protected under NJLAD (e.g., based on race, gender, disability) or engaged in a protected activity, such as reporting discrimination or harassment.
- Unlawful Harassment or Discrimination: The employee must demonstrate that they were subjected to harassment or discrimination prohibited by NJLAD.
- Intolerable Working Conditions: The conditions created by the harassment or discrimination must be severe enough to compel a reasonable person to resign.
- Employer’s Knowledge and Failure to Act: The employer must have known or should have known about the harassment and failed to take appropriate corrective action.
- Causal Link to Resignation: The employee’s resignation must be directly linked to the intolerable conditions.
Examples of Intolerable Conditions Leading to Constructive Discharge
Constructive discharge claims under NJLAD often involve extreme cases of harassment or discrimination, such as:
- Sexual Harassment: A female employee resigns after enduring repeated unwelcome advances from her supervisor, despite reporting the behavior to HR. The company fails to take meaningful action, leaving her feeling unsafe and unsupported.
- Racial Discrimination: An employee of color resigns after being subjected to repeated racial slurs and derogatory comments from coworkers. Complaints to management result in no investigation or disciplinary action.
- Retaliation: An employee resigns after being demoted or reassigned to less favorable duties in retaliation for filing a complaint about workplace discrimination.
- Disability Harassment: An employee with a disability resigns after enduring jokes, ridicule, and denial of reasonable accommodations, with no intervention from the employer.
In each of these scenarios, the harassment or discrimination not only violates NJLAD but also creates conditions so intolerable that resignation becomes the only viable option.
Remedies for Constructive Discharge Under NJLAD
Employees who succeed in proving a constructive discharge claim under NJLAD may be entitled to several remedies, including:
- Reinstatement: Returning to their previous position, if feasible.
- Compensatory Damages: Recovery of lost wages, benefits, and emotional distress caused by the employer’s actions.
- Punitive Damages: In cases of egregious misconduct, employers may be required to pay punitive damages to deter future violations.
- Attorney’s Fees: NJLAD allows successful plaintiffs to recover legal costs, making it easier for employees to pursue claims.
Protecting Your Rights
If you are experiencing harassment or discrimination in the workplace, document the incidents thoroughly. Record dates, times, and details of the conduct, and save any relevant emails, messages, or other evidence. Report the behavior to your employer through the established channels, such as HR or a supervisor, and keep copies of your complaints. If your employer fails to act or the harassment persists, consult an experienced New Jersey constructive discharge attorney to evaluate your case.
Contact Poulos LoPiccolo PC
No one should have to endure a workplace so hostile that resignation feels like the only option. If you believe you have been forced to quit due to harassment or discrimination, Poulos LoPiccolo PC can help. Our dedicated attorneys have extensive experience handling constructive discharge cases under NJLAD and are committed to protecting employees’ rights. Contact us today to schedule a consultation and explore your legal options.
Sources:
njoag.gov/wp-content/uploads/2021/02/NJ-Law-Against-Discrimination.pdf
webapps.dol.gov/elaws/eta/warn/glossary.asp?p=constructive%20discharge
law.cornell.edu/wex/constructive_discharge
