Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager, Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused Carla's request to create a no smoking area in the office and he refused her request to be moved back to the separate room. After 4 weeks of breathing second hand smoke, Carla quit.

Question

Quizplus · Accepted Answer

Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would be forced to resign. In this case, Carla's manager refused to accommodate her request to be moved away from the smokers, despite her legitimate concern for her health. Therefore, it is likely that she could have a potential legal claim for constructive discharge. Option A is incorrect because being an employee-at-will does not mean that an employer can engage in illegal conduct. Option B is incorrect because while non-smokers are not a protected class under anti-discrimination laws, Carla's claim is based on the work conditions and not on discrimination against a protected class.

Carla Thomas, a Nonsmoker, Often Encouraged Her Co-Workers to Quit