Constructive Discharge

Another example of hostile environment sexual harassment is constructive discharge. A constructive discharge is when an employer creates an environment that would make an employee want to quit. In many cases, this is due to sexual harassment.

In 1997, Kimberly Ellerth quit her job at Burlington Industries alleging that she had been subject to her supervisor's sexual harassment. Ellerth identified episodes where threats were made to deny tangible job benefits unless sexual favors were granted. While she suffered no actual negative job consequences, she sued the company for sexual harassment on the part of her supervisor creating a hostile work environment.

It is important to note that with constructive discharge, the employer's goal does not always have to be that the employee resigns.

Many wrongful termination lawsuits stem from situations with constructive discharge.

To learn more about Sexual Harassment Prevention Training For Supervisors visit our Cal/OSHA Sexual Harassment Prevention Training For Supervisors Online Training web page.