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  • Essay / Pros and Cons of Constructive Termination - 2406

    EEOC, an employee claimed to have retired following the discriminatory denial of his promotion. The employee claimed that the refusal due to a reorganization forced him to retire or suffer a demotion constituting a constructive dismissal. The Fifth Circuit held that unequal pay is generally not considered constructive dismissal unless it is career-ending, and that the employee bears the burden of demonstrating aggravating factors beyond the discriminatory act itself. If the employee cannot prove these aggravating circumstances, he will have to remain in his job to fight against discrimination. The significance of the pay cut, whether the employee left for a higher paying position or resigned just to be