Oregon Bureau of Labor and Industries

Rule Rule 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:


The employer intentionally created or intentionally maintained discriminatory working conditions related to the individual’s protected class status;


The working conditions were so intolerable that a reasonable person in the individual’s circumstances would have resigned because of them;


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


The individual left employment as a result of the working conditions.

Last accessed
Jun. 8, 2021