Do You Have to Quit to File a Discrimination Claim?
A common concern for employees facing discrimination is whether they must resign before taking legal action. The good news is: you do not need to quit your job to file a discrimination claim.
Protections Against Retaliation
Federal law (Title VII, PDA, Equal Pay Act) and California law (FEHA) prohibit retaliation against employees who file complaints, participate in investigations, or assert their rights. This means:
- You can report discrimination internally without losing your job.
- You can file a complaint with the EEOC or California Civil Rights Department (CRD) and remain employed.
- Employers cannot legally demote, discipline, or fire you for exercising your rights.
- If retaliation does occur, that action itself is a separate legal violation.
When Quitting May Still Lead to a Claim
Sometimes, discrimination is so severe that employees feel they have no choice but to resign. The law calls this constructive discharge—a resignation that is legally treated as a termination.
Examples include:
- A pregnant employee repeatedly denied accommodations and ridiculed by management.
- An employee demoted to a meaningless position after complaining about pay inequality.
- Repeated hostile comments and exclusion to the point that the work environment is intolerable.
Courts recognize that if a “reasonable person” would feel forced to quit, the resignation may still support a claim.
What to Do Before Resigning
Before taking the drastic step of quitting, it’s critical to:
- Document incidents: Keep detailed notes of discriminatory acts.
- Report to HR: Follow internal complaint procedures when possible.
- Save evidence: Keep copies of emails, texts, and performance reviews.
- Consult a lawyer: An attorney can evaluate whether quitting strengthens or weakens your case.
Why Staying Can Help Your Case
Quitting prematurely can sometimes weaken your claim, especially if the employer never had the chance to address your concerns. Staying employed also helps preserve wage claims, as you’re still accumulating lost wages if discrimination prevents advancement or equal pay.
Lawless, Lawless & McGrath: Advocates for Workers
At Lawless, Lawless & McGrath, our San Francisco sex and pregnancy discrimination attorneys are dedicated to protecting employee rights and guiding workers through complex legal challenges. Whether you’re weighing the decision to stay or leave your job, our team provides clear, compassionate counsel to safeguard both your career and your future.