Discharge

What if the Person to be Terminated is in a Protected Class?

In general, employers should ensure that termination decisions are consistent with their policies. In instances where an employer may need to deviate from policy, ensure that there is a legitimate and non-discriminatory reason for treating the employee differently.

Layoff/Reduction in Force

Once a list has been compiled of employees to be laid off or terminated as part of a Reduction In Force (RIF), the employer should determine whether certain groups of employees are affected more than others (i.e.: females vs males, disabled vs non-disabled, etc.) If so, see if the layoff/RIF selection criteria can be revised to limit the impact. 

Constructive Discharge

A constructive discharge occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person would not subject themselves to such conditions and therefore are compelled to resign.