In employment law, a “constructive discharge” occurs when an employer intentionally creates an intolerable work atmosphere that forces the plaintiff to quit involuntarily. See Andersen v. Rochester City Sch. Dist., 481 Fed.Appx. 628, 632 (2d Cir.2012); see also Walsh v. Scarsdale Union Free School District, 2019 WL 1316486 (S.D.N.Y. 2019) (“In addition to an objectively…
Read More Threats of Termination & Constructive DischargeIn Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim. The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show…
Read More Rescission of Resignation Tanked Constructive Discharge Claim, Court HoldsIn Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…
Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNYIn Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…
Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge CaseIn Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…
Read More Court Upholds NYCCHR Finding of Constructive DischargeIn Chin v. Alejandro Torres et al, 2018 WL 6435898, at *2 (N.D.N.Y. Dec. 7, 2018), the court dismissed plaintiff’s sexual harassment complaint, citing the well-established principle that Title VII of the Civil Rights Act of 1964 is not applicable against individual defendants. As summarized by the court, plaintiff “alleges that she was employed in…
Read More Court Dismisses Title VII Sexual Harassment Complaint Against Individual DefendantsIn Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…
Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) ClaimsIn Makinen v. City of New York, 2018 WL 546409 (2d Cir. Jan. 25, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiffs’ constructive discharge claim under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiffs (city police officers) alleged that they suffered discrimination…
Read More 2d Circuit Affirms Dismissal of Plaintiffs’ Constructive Discharge Claims Based on Perceived AlcoholismOne venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…
Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge ClaimsIn Mira v. Kingston et al, 2017 WL 4877290 (2d Cir. 16-4080-cv Oct. 30. 2017) (Summary Order), the Second Circuit held that while the district court should have addressed plaintiff’s requests to amend her complaint, the allegations in that complaint would have been dismissed in any event. Specifically, plaintiff wanted to present claims under 42 U.S.C.…
Read More Hostile Work Environment / Constructive Discharge Claim, Based on “Drug” Remark, Properly Dismissed