Employer in New York State Faces Lawsuit for Constructive Discharge
On September 30th, 2025, the Equal Employment Opportunity Commission (EEOC) announced that an employer from New York is facing an employment lawsuit for alleged constructive discharge. A.W. Farrell & Son, Inc., a roofing company from Buffalo, is facing allegations that is effectively forced an employee to resign after it failed to address sexual harassment. Here, our New York City constructive discharge lawyer provides a more detailed overview of the case.
Background: What is Constructive Discharge?
Broadly explained, constructive discharge is a type of civil employment law claim that may arise when an employee resigns because working conditions have become so intolerable that a reasonable person would feel forced to quit. Under both federal law and the New York State Human Rights Law, resignation under such circumstances may be treated as an involuntary termination. In other words, a constructive discharge claim is a close cousin of a wrongful termination claim. The key difference is that with a constructive discharge claim the employee technically opted to resign.
Buffalo Roofing Company Faces Constructive Dismissal Lawsuit
The EEOC has confirmed that A.W. Farrell & Son, Inc., a roofing company, is facing a constructive discharge claim for conduct that allegedly happened at its Buffalo, New York branch location. The federal agency argues that the company Title VII of the Civil Rights Act of 1964 by failing to address sexual harassment that forced a roofer to resign. The roofer’s supervisor allegedly made repeated sexual comments and engaged in physical contact, including an assault requiring medical attention. Despite the employee’s complaints, the company failed to act. It also reportedly told him to give the supervisor “another chance.” The EEOC contends the company’s inaction created intolerable working conditions amounting to constructive discharge under Title VII.
Key Elements Workers Must Prove in a Constructive Discharge Claim in New York
Intolerable Working Conditions
To start, you must prove that you were subject to workplace conditions that were so intolerable that a reasonable person in the same situation would feel compelled to resign. The standard is objective. That means that it depends on how an average worker would perceive the environment, not merely on your “subjective” feelings.
Employer Knowledge or Culpability
Next, you must show that the employer either created, permitted, or ignored the conditions that caused the resignation. Under both federal law (Title VII of the Civil Rights Act) and the New York State Human Rights Law (NYSHRL), an employer can be held liable if management knew or should have known about the misconduct and failed to take prompt, appropriate corrective action.
Link Between the Employer’s Conduct and the Resignation
Finally, you must prove that the resignation was a foreseeable result of the employer’s actions or omissions. In New York, courts require evidence showing that the resignation was not voluntary but rather the direct consequence of the hostile or discriminatory environment. Resignation for unrelated reasons does not qualify.
Call Our New York City Constructive Discharge Attorney Today
At Poulos LoPiccolo PC, our New York City constructive discharge attorney is standing by, ready to help. If you or your loved one was a victim of constructive discharge, we are here to help. Call us now or contact us online to arrange your completely confidential initial appointment. With an office in New York City, we handle constructive discharge cases throughout the region.
Source:
eeoc.gov/newsroom/eeoc-sues-roofing-company-constructive-discharge
