Constructive discharge, which is an employee’s reasonable decision to resign due to unendurable working conditions, requires proof that the employer made the conditions so intolerable that a reasonable person would feel compelled to resign, a recent Texas ruling said.
The City of Houston’s Department of Neighborhoods employed the plaintiff as a code enforcement officer trainee. In November 2018, the plaintiff was at a jobsite with several crew members, including Chris Varela.
Varela wanted a ride back to the office. He agreed to go with the plaintiff even though she informed him that she had to make a stop on the way back. When she arrived at a store parking lot, he grabbed her and kissed her. She rebuffed his advances before going to the store.
She resumed driving. He told her that they should go somewhere where they could talk. She ignored this and took him back to the jobsite. He supposedly slammed the door when he left the car. She believed that her rejection angered him.
The plaintiff’s supervisor, unaware of this incident, asked her to give Varela a ride back to the office. While she was driving, Varela pulled out his penis, began masturbating, took her hand from the steering wheel, and attempted to make her touch his penis.
The plaintiff notified her supervisor about these occurrences four days later. The next day, she reported the incident to Reginald Harris, her next-level supervisor. She wrote out her sexual harassment complaint in an email at his request.
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