Resignation Because of Hostile Work Environment or Harassment

The unemployment statute specifically addresses this, and states that a resignation will not be disqualifying if it was caused by sexual, racial, or other unreasonable harassment.  In order to invoke this exception, you must show that your employer (including a supervisor or other agent of the employer) knew about, or should have known about, the harassment.

If the harassment is sexual or racial in nature and your employer knows or should have known about it, you do not need to take any further steps to address it for your resignation to be considered involuntary.  It is still a good idea to report the harassment to your employer, however, as that makes it clear they were aware of it.

For harassment that is not racial, sexual, or otherwise legally actionable in nature (consider workplace bullying), you must notify your employer, and can collect if they do not take appropriate remedial action and you resign.

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