context: We believe that these facts, though covering a shorter period than that in Nolan, could constitute the necessary aggravating factors such that a trier of fact could (but not necessarily would) conclude that a reasonable person would find the conditions so intolerable and discriminatory as to justify resigning.
citation_a.signal: see also
citation_a.identifier: 747 F.2d 888, 888-89
citation_a.parenthetical: upholding finding of constructive discharge when plaintiff was subjected to four incidents of harassment over a nine-month period, including (1) a meeting in which plaintiff cried because of her superi- or's extensive questions about her intention to have a career and a family and (2
citation_a.sentence: See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (holding in a Fair Labor Standards Act case that a constructive discharge occurred when an employee was physically threatened on one occasion, harassed over the next two weeks, and not given sufficient work instructions to perform his job); Bailey v. Binyon, 583 F.Supp. 923, 924-25, 928-34 (N.D.Ill.1984) (denying defendant’s motion to dismiss when the plaintiff quit within hours of beginning his job, after his employer subjected him to three racial insults, did not ask plaintiff to quit, and said “You’d stay if you weren’t a sissy. If you were a man, you’d stay.”); Robson v. Eva’s Super Market, Inc., 538 F.Supp. 857, 859-60, 862 (N.D.Ohio 1982) (denying summary judgment to defendant, when the evidence showed frequent incidents of sexual harassment over a two-month period, despite the fact that the company’s president called the plaintiff to ask her to return to work); see also Goss, 747 F.2d at 888-89 (upholding finding of constructive discharge when plaintiff was subjected to four incidents of harassment over a nine-month period, including (1) a meeting in which plaintiff cried because of her superi- or’s extensive questions about her intention to have a career and a family and (2) a choice between a job transfer and resignation); cf. Wagner v. Sanders Assocs., Inc., 638 F.Supp. 742, 745 (C.D.Cal.1986) (granting summary judgment to defendant when plaintiff produced evidence that showed only that he was transferred to a new position with less responsibility, that he stated that his working conditions were satisfactory, and that he resigned in order to take a job with another employer).
citation_b.signal: see
citation_b.identifier: 583 F.Supp. 923, 924-25, 928-34
citation_b.parenthetical: denying defendant's motion to dismiss when the plaintiff quit within hours of beginning his job, after his employer subjected him to three racial insults, did not ask plaintiff to quit, and said "You'd stay if you weren't a sissy. If you were a man, you'd stay."
citation_b.sentence: See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (holding in a Fair Labor Standards Act case that a constructive discharge occurred when an employee was physically threatened on one occasion, harassed over the next two weeks, and not given sufficient work instructions to perform his job); Bailey v. Binyon, 583 F.Supp. 923, 924-25, 928-34 (N.D.Ill.1984) (denying defendant’s motion to dismiss when the plaintiff quit within hours of beginning his job, after his employer subjected him to three racial insults, did not ask plaintiff to quit, and said “You’d stay if you weren’t a sissy. If you were a man, you’d stay.”); Robson v. Eva’s Super Market, Inc., 538 F.Supp. 857, 859-60, 862 (N.D.Ohio 1982) (denying summary judgment to defendant, when the evidence showed frequent incidents of sexual harassment over a two-month period, despite the fact that the company’s president called the plaintiff to ask her to return to work); see also Goss, 747 F.2d at 888-89 (upholding finding of constructive discharge when plaintiff was subjected to four incidents of harassment over a nine-month period, including (1) a meeting in which plaintiff cried because of her superi- or’s extensive questions about her intention to have a career and a family and (2) a choice between a job transfer and resignation); cf. Wagner v. Sanders Assocs., Inc., 638 F.Supp. 742, 745 (C.D.Cal.1986) (granting summary judgment to defendant when plaintiff produced evidence that showed only that he was transferred to a new position with less responsibility, that he stated that his working conditions were satisfactory, and that he resigned in order to take a job with another employer).