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No adverse action means no constructive discharge

by on
in Discrimination and Harassment,Human Resources

Earlier, we reported on a case that concluded a high-stress environment isn’t grounds for quitting. It’s back.

Recent case: Call center worker Vic quit because of stress. He sued, alleging a supervisor discovered Vic is gay and tried to get him to quit by scrutinizing his work, monitoring his calls and piling on lots of stress.

The court saw no evidence of demotion, a change in job responsibility, or a reduction in salary or benefits. The supervisor even gave Vic a raise after his sexual orientation was revealed. There was no evidence that anyone was trying to get Vic to quit. Once again, the court tossed out his case. (Gardner v. Abbott, et al., No. 03-12-00680, Court of Appeals of Texas, 3rd District, 2013)

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