US-CA3 · jury_instructions
3d Cir. Model Jury Instr. (Civil) 9.2.4
ADA Definitions — Constructive Discharge
Model 2
In this case, to show that [he/she] was subjected to an adverse “tangible employment 3
action,” [plaintiff] claims that [he/she] was forced to resign due to conduct that discriminated 4
against [him/her] on the basis of [plaintiff ’s] disability. Such a forced resignation, if proven, is 5
called a “constructive discharge.” To prove that [he/she] was subjected to a constructive discharge, 6
[plaintiff] must prove that working conditions became so intolerable that a reasonable person in 7
the employee’s position would have felt compelled to resign. 8
9
Provenance
- Source
- ca3.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
c12fb1e8d0ae66d9348d1884c6440b541ea447218d5186df9c7cf14050ff01ce
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