4th Circuit: 'Constructive demotion' probably a viable claim

Virginia, like most states, recognizes an employee can pursue a wrongful termination claim even after quitting (rather than being fired) if she is "constructively terminated." Constructive discharges can arise if the employer makes the conditions of the employee's job so difficult that a reasonable person in the same position would leave. But what if the employer simply demotes the employee? Can she claim a "constructive demotion"? The law in Virginia isn't settled, but the U.S. 4th Circuit Court of Appeals (which covers employers in Maryland and Virginia) recently answered "probably" in considering a claim under the Americans with Disabilities Act (ADA).

Facts

Viola Laird worked as a contract specialist in the Fairfax County (Virginia) Department of Procurement and Material Management. In 2012, she informed her supervisor she had been diagnosed with multiple sclerosis and sought a reasonable accommodation under the ADA so she could telework when her condition flared up.

Laird's request was originally granted. Later, however, the county cited problems with the unscheduled nature of the arrangement and altered the accommodation to a fixed schedule of 16 hours of telework a week.

EEOC charge and lawsuit

Not satisfied with the new arrangement, Laird filed a disability discrimination charge with the Equal Employment Opportunity Commission (EEOC). The matter was settled. As part of the settlement, she accepted a lateral transfer to a position in the county's police department, where she would have the option of 16 hours of flexible telework. That didn't end the matter, however.