A Comparison of Allegations and Resolutions Involving Issues of Discharge Versus Constructive Discharge: Implications for Diversity Management

Abstract

Patterns in discrimination allegations and resolutions in discharge ( n = 130,816) and constructive discharge ( n = 9,765) were examined in data provided by the U.S. Equal Employment Opportunity Commission. Spanning the years from 1992 to 2008, these data indicated that the most prevalent disabling conditions in discharge and constructive discharge allegations were back injuries, nonparalytic/orthopedic conditions, depression, and diabetes. Characteristics of employees and employers distinguished between the two allegation types; for example, there were differences in the gender and racial/ethnic status of employees and in the location and industry of the employers. The rate of merit decisions, namely, EEOC decisions that discrimination actually occurred, was 20% for discharge and constructive discharge, indicating that employers, for the most part, rendered legitimate decisions. Findings indicate that people with more highly stigmatized disabilities were more likely to allege discrimination regarding constructive discharge, suggesting that adverse treatment may have caused them to exit employment. Implications for human resource development and management are discussed.

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