4 PJI 23 | MISCELLANEOUS ISSUES - CONSTRUCTIVE DISCHARGE
[Defendant] denies that [he/she/it] constructively discharged [Plaintiff] and claims that [Plaintiff] voluntarily quit.
To prove constructive discharge, [Plaintiff] must prove that the hostile work environment made [his/her] working conditions so intolerable that a reasonable person in [his/her] position would have felt compelled to resign.
If you find that [Defendant] constructively discharged [Plaintiff], you may award [Plaintiff] lost wages and benefits caused by the constructive discharge. If you find that [Plaintiff] was not constructively discharged, you may not award [Plaintiff] lost wages and benefits due to the loss of employment.
ANNOTATIONS AND COMMENTS
For a discussion of when the Ellerth/Faragher affirmative defense may apply in a constructive discharge case, see Pennsylvania State Police v. Suders, 542 U.S. 129, 139-41 (2004).
When this instruction is used, it may be necessary to adapt the verdict form accordingly.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this item in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
