Question

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

True False

Answer 1

Constructive discharge is not a theory that can be used to establish any type of discrimination claim under the Civil Rights Act of 1964, as it specifically pertains to the intolerable working conditions that result in an employee's resignation.

Step-by-step explanation:

The statement that constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964 is false. Constructive discharge occurs when an employee resigns because their working conditions have become intolerable due to something that amounts to a legal wrong, which can include discrimination. However, it is not a theory that applies to all forms of discrimination claims. Claims must still be directly related to the discrimination faced by the employee due to their race, color, religion, sex, or national origin as specified in Title VII of the Civil Rights Act. As seen in the case of Griggs v. Duke Power Co., educational requirements that disproportionately affect one race over another may violate Title VII if they are not job-related. Furthermore, it is also demonstrated in the case against Walmart where women were barred from class action which highlighted issues surrounding gender discrimination.