Legal Question in Employment Law in Florida

How to prove ''constructive discharge'' in Title VII case?

What must be shown to prove that an employee was constructively discharged from her work where employee was target of disparate treatment, received unequal pay despite the fact that he made light of his belief that she was being paid less than others to his employee (while doing substantially the same type and amount of work that others were being paid more for). Furthermore, he was passed over for promotion (a person of the opposite race, who was less qualified then he was received the promotion that he was seeking). As a result, he quit his job. What recourse does he have if the EEOC gives him a right to sue letter? How does he prove ''constructive discharge'' in the 11th Circuit?


Asked on 3/12/02, 8:12 am

2 Answers from Attorneys
Anne Terry Law Office of Anne Curtis Terry

Re: How to prove ''constructive discharge'' in Title VII case?

I AGREE WITH THE RESPONSE ALREADY POSTED TO THIS SAME QUESTION..

REASONABLE PERSON TEST.

I HAVE NOT CHECKED THE LATEST 11THCIR. OPINIONS.

CONSULT WITH COUNSEL.

IN REGARD TO THE NOTICE OF RIGHT TO SUE, ADHERE TO THE TIME LIMITS FOR ACTIONS!!! IT STATES ON THE FACE OF THE NOTICE WHAT YOUR RIGHTS ARE VIS A VIS JUDICIAL REMEDIES.

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Answered on 3/14/02, 12:59 pm
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: How to prove ''constructive discharge'' in Title VII case?

You must show that conditions were so intolerable that a reasonable person would have no choice but to resign.

It is a difficult burden.

After receiving a right to sue letter, you have ninety days to file suit.

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Answered on 3/12/02, 11:24 am


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