What constitutes constructive discharge?

Constructive discharge occurs when an employee resigns due to intolerable working conditions that effectively force them to leave their job. In this context, a hostile work environment represents a scenario where the employee feels unsafe, unwelcome, or discriminated against at work, leading to a resignation as the only reasonable option. This concept is grounded in employment law, which recognizes that if an employer creates or allows a work environment that is hostile, it can be considered as making the employee's continued employment unbearable.

This situation differs from simply being terminated or laid off, as constructive discharge specifically involves the employee choosing to resign rather than being actively fired or laid off against their will. Therefore, the resignation due to a hostile work environment accurately reflects the legal understanding of constructive discharge.