Bureau of Labor and Industries
Chapter 839
Division 5
DISCRIMINATION
839-005-0011
Constructive Discharge from Employment
Constructive discharge occurs when an individual leaves employment because of unlawful discrimination. The elements of a constructive discharge are:
(1) The employer intentionally created or intentionally maintained discriminatory working conditions related to the individual's protected class status;
(2) The working conditions were so intolerable that a reasonable person in the individual's circumstances would have resigned because of them;
(3) The employer desired to cause the individual to leave employment as a result of those working conditions, or knew or should have known that the individual was certain, or substantially certain, to leave employment as a result of the working conditions; and
(4) The individual left employment as a result of the working conditions.
Statutory/Other Authority: ORS 659A.805
Statutes/Other Implemented: ORS 659A
History:
BLI 11-2015, f. & cert. ef. 8-4-15
BLI 14-2013, f. & cert. ef. 12-30-13
Renumbered from 839-005-0035, BLI 7-2010, f. & cert. ef. 2-24-10
BLI 10-2002, f. & cert. ef. 5-17-02
BLI 19-2000, f. & cert. ef. 9-15-00