OAR 839-005-0011: Constructive Discharge from Employment

Constructive discharge occurs when an individual leaves employment because of unlawful discrimination. The elements of a constructive discharge are: (1) The employer intentionally created or intentionally maintained discriminatory working conditions related to the individual's protected class status; (2) The working conditions were so intolerable that a reasonable person in the individual's circumstances would have resigned because of them; (3) The employer desired to cause the individual to leave employment as a result of those working conditions, or knew or should have known that the individual was certain, or substantially certain, to leave employment as a result of the working conditions; and (4) The individual left employment as a result of the working conditions.