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What is the Constructive Discharge Standard Under the New York City Human Rights Law?
Our Award-Winning New York Employment Lawyer has been asked to discuss the following question — what is the standard for constructive discharge under the city law. Constructive discharge claims can be difficult to prove. In general, a constructive discharge claim requires two separate events (i) employer engages in prohibited conduct; and (ii) and the employee resigns from his or her job. Under this theory, an employer cannot simply evade liability of the underlying discriminatory or harassing conduct simply because the employee resigned. This blog post discusses the standard under NYC Human Rights Law, which carries a lower burden for employees than federal law.
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