Human Resources Certification Institute (HRCI) Practice Exam

When an employer terminates the rights of an employee for a discriminatory reason, what is said to have occurred?

1. Constructive discharge

2. Wrongful discharge

3. Reduction in force

4. Discharge without cause

The correct answer is: Wrongful discharge

When an employer terminates an employee’s rights for a discriminatory reason, it is considered wrongful discharge. This term refers to the termination of an employee that violates the terms of their employment contract or breaches specific legal statutes that protect against discrimination based on race, gender, age, religion, disability, or other protected characteristics. Wrongful discharge highlights the violation of workplace rights and acknowledges that the termination was not just a decision made at the employer's discretion but rather an unlawful action against the employee’s rights. This concept aims to protect employees from unfair treatment in the workplace and upholds their entitlements under employment law. Other options, while related to termination, do not specifically address the discriminatory aspect that characterizes wrongful discharge. Constructive discharge involves situations where an employee resigns due to an intolerable work environment, but it does not directly relate to the act of termination. A reduction in force usually pertains to downsizing and does not consider the reason for termination as discriminatory. Discharge without cause refers to terminations without a specific reason provided but can occur for various legitimate or non-discriminatory reasons. Hence, they do not encapsulate the legal gravity associated with terminations based on discrimination as wrongful discharge does.