Burch contends that on at least four occasions in 2007 and 2008, a male co-worker grabbed her and made sexual comments. She claims she complained to, but no one did anything to stop the harassment. When it happened again, she said she couldn’t stand it anymore and submitted her resignation. Then she sued.
Burch’s lawsuit argues that the work environment at Eastex had become so “unconscionable and unbearable” that “she had no choice but to resign in order to preserve her own well-being and dignity.”
Note: Constructive discharge suits—they almost always result from harassment complaints—can be costly and difficult to defend. Prevention is the best cure: Do everything possible to stop harassment in the workplace.
- When executive wants to ease into retirement, can we insist on a 'retirement contract'?
- Suspect FMLA mischief? Use certification before taking drastic action
- Prevent age-based harassment: No 'old guy' jokes
- Being the only member of a protected class isn't direct evidence of discrimination
- Identify health problems before they become chronic