Full question:
I think I am being unfairly treated at work because I had a professionally different point of view than a senior leader of the company. I have been with the company a little more than 2 years. About 6 months ago as I was returning from a 5 week FMLA I took because of the adoption of my daughter, I was told I was no longer going to be a part of the executive committee because I was a director level and the requirement was to be a VP level. This was a very visible change and very embarrassing to me. The manager referenced above was moved into a new role to which I now report. Now, I am being asked by that manager to 'apply' for a lower level (presumably lower pay also) position than I currently qualify and perform at. The same position was offered to another director level employee, who was told that the position could be a director level, but he declined because he was not interested in the role. I have heard that my manager has told people the company no longer needs a director in my role, but he has not told me that my current position is being downgraded either. All of my reviews, including the last quarter's review which just took place a week ago, were all favorable. That same manager even said 'Thanks for a good quarter'. Is this potential demotion considered 'Constructive Discharge'? Even if it is not, is what he is doing legal?
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Washington
Answer:
A constructive discharge is a claim made when working conditions are so intolerable that no reasonable person could be expected to continue employment there. Generally, it requires proof of conditions that would prevent someone from taking the position in the first place. A demotion alone is not proof of a constructive discharge. An employer may demote an employee despite good performance evaluations as long as it's not in violation of an employment or union contract and not based on discrimination due to age, race, sex, religion, nationality, or handicap.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in broad areas of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII. Sex includes pregnancy, childbirth or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. Labor organizations are also prohibited from basing membership or union classifications on race, color, religion, sex, or national origin.
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. The prohibited practices are nearly identical to those outlined in Title VII. An employee is protected from discrimination based on age if he or she is over 40. The ADEA contains explicit guidelines for benefit, pension and retirement plans.
Anyone who feels that he or she has suffered workplace discrimination because of his or her race, age, physical disability, religion, sex, or national origin is eligible to file a complaint with the EEOC. Complaints or charges are generally filed at an EEOC office by the aggrieved party or by his or her designated agent. All charges must be filed in writing, preferably but not necessarily on the appropriate EEOC form, within 180 days of the occurrence of the act that is the reason the complaint is being filed. Complaints may be filed at any one of 50 district, area, local, and field EEOC offices throughout the United States.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
