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targeted employee to remain on the job, that employee
may resign and still bring the equivalent of a wrongful
termination suit, under the theory known as “constructive
discharge.”
This concept is the source of widespread
misunderstanding on the part of both employees and
employers that workplace bullying and a “hostile work
environment” are always unlawful. Not necessarily. This
does not mean it is a good idea for an employer to allow
this kind of behavior in the workplace, but it is only
legally actionable in certain circumstances.
“Hostile work environment” is a term that only has
legal significance in the context of discrimination and
harassment based on a person’s membership in a
protected class (see above). A classic example of an
actionable hostile work environment is one in which
13| Rules of the Road
