Does Constructive Discharge Cover Workplace Sexual Harassment?

 Posted on July 31, 2025 in Sexual Harassment

There are times when quitting a job is less a choice and more the result of working conditions that no reasonable person could be expected to endure. In Illinois, when an employee resigns due to severe workplace sexual harassment, he or she may have a claim for constructive discharge.

Constructive discharge means the law treats a resignation as if the person were fired. While not every uncomfortable or inappropriate workplace qualifies, if you left your job because of sexual harassment, it is important to speak to a skilled Wheaton, IL sexual harassment lawyer.

What is Constructive Discharge?

Essentially, when an employer creates working conditions so intolerable that an employee is virtually compelled to resign, the courts may consider that resignation a termination for the purposes of unlawful discrimination, harassment, and retaliation claims. The employee must demonstrate that the working conditions were so unbearable that they could not reasonably be expected to continue.

This could involve sexual harassment, discrimination, retaliation, or other forms of unlawful mistreatment. It must also be demonstrated that the employer either created the conditions, or if the conditions were caused by other employees, the employer was aware of them and failed to take action to correct them. Courts will consider whether another reasonable person, given the same circumstances, would have felt compelled to resign.

How Can Sexual Harassment Lead to Constructive Discharge?

Sexual harassment must be severe and pervasive, creating a hostile work environment to qualify under constructive discharge. This means that there were more than a few isolated minor incidents; rather, a pattern of behavior existed that made the workplace abusive, intimidating, or hostile. The employee must have reported the sexual harassment to his or her employer, and the employer must have failed to take action to stop the sexual harassment.

The employer must have either intentionally created the intolerable conditions or knowingly permitted them to continue. The sexual harassment, combined with the employer’s refusal to address the situation, must be the likely cause of the employee’s resignation.

What Are the Legal Remedies for Constructive Discharge Due to Sexual Harassment?

Legal remedies for constructive discharge resulting from sexual harassment may include:

• Reinstatement
• Compensation for lost wages and benefits from the time of resignation until the case resolution (back pay).
• Compensation for lost wages and benefits the employee would have earned if he or she had not been forced to resign (front pay).
• Compensatory damages for emotional distress, mental anguish, and other non-economic damages resulting from the sexual harassment and forced resignation.
• Punitive damages may be awarded when the employer acted willfully or maliciously.  

Steps to Pursuing a Legal Claim Following Constructive Discharge Due to Sexual Harassment

Whenever possible, an experienced sexual harassment lawyer should be consulted before an individual resigns; in any case, it is essential to seek legal advice. Filing a complaint with the Illinois Department of Human Rights (IDHR) is often one of the steps. The IDHR will investigate and, with the help of your attorney, attempt to reach a settlement. If no settlement is reached, a "right to sue" letter will be issued, and the employee can file a lawsuit against the employer.

Contact a DuPage County, IL Sexual Harassment Lawyer

It is important to gather documents and witness statements that corroborate your sexual harassment claims, as well as information detailing how the sexual harassment affected your mental health, job performance, and well-being.

Consulting a highly skilled Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is the best step you can take to ensure your rights and your future are protected. MKFM Law will work hard on your behalf for the best outcome possible. Call 630-665-7300 to schedule your initial attorney meeting.