Deciding to leave your job due to workplace discrimination is a significant decision. While it might seem like the best way to escape a hostile environment, resigning prematurely can complicate your potential legal claims against your employer.
Quitting may limit your access to crucial evidence needed to support your discrimination case. Additionally, employers may use your resignation against you, making it more challenging to prove that discrimination occurred.
Key factors to consider
Staying in your job can strengthen your discrimination claim. By remaining employed, you maintain access to essential work emails, documents and potential witnesses, all of which can support your case.
Resigning might hinder your ability to gather this evidence. Employers can also claim that you left for reasons other than discrimination. This could weaken your case and make proving that you experienced discrimination harder.
Therefore, it’s vital to consider how staying at your job can help build a stronger case and protect your rights. However, you should not stay any longer than necessary if you are subjected to physical or verbal abuse that is causing you significant physical harm or emotional distress.
Steps to consider before handing in your resignation
Before deciding to quit your job over inappropriate or illegal workplace behavior, consider the following steps:
- Document all discriminatory and retaliatory incidents with dates, times and witnesses
- Report the discrimination and retaliation through your company’s complaint process
- Contact the Equal Employment Opportunity Commission (EEOC), or a comparable state or local anti-discrimination agency
- Consult with an employment lawyer about your options
- Gather relevant emails, performance reviews and other evidence
- Keep a detailed record of how the discrimination and retaliation affects you
Legal guidance is crucial when considering how to proceed with a discrimination and/or retaliation claim.
What is ‘constructive discharge?’
Constructive discharge occurs when an employee resigns because the work environment has become unbearable due to discrimination, harassment, or other retaliation. In such cases, courts treat the resignation as if the employer fired the employee.
Examples include situations where the discrimination or harassment is so severe or pervasive that a reasonable person would feel compelled to quit. This might involve ongoing harassment that management refuses to address, a significant reduction in responsibilities, or being consistently overlooked for promotions due to discriminatory practices.
A knowledgeable lawyer can help you understand your rights, gather necessary evidence and hold your employer accountable. In Maryland, Virginia and Washington, D.C., similar or potentially stronger protections also exist under state and local laws, offering additional avenues to address discrimination in the workplace.
