· 8/28/2009
Betz v. Chertoff
Citations
- 578 F.3d 929
- 2009 U.S. App. LEXIS 19397
- 92 Empl. Prac. Dec. (CCH) 43,679
- 107 Fair Empl. Prac. Cas. (BNA) 152
- 2009 WL 2634406
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that retaliatory act that took place outside of 45–day window was time-barred
- requiring the employee to “report discrimination . . . within 45 days of an occurrence” (citing 29 C.F.R. § 1614.105(a)(1))
- explaining to prevail on a constructive discharge claim, a plaintiff must show that her “working conditions were rendered so objectionable that a reasonable person would have deemed resignation the only plausible alternative”
- “Federal employees generally must report discrimination to an EEO counselor within 45 days of an occurrence.”
- also noting that the claim was not a “hostile work environment claim” to which the Court in Morgan had applied the “continuing violation” doctrine
- “In a variety of cases, this Court has held that [even] such things as loss of supervisory responsibilities, a feeling of being unfairly criticized, dissatisfaction with work assignments, and loss of pay are insufficient to constitute a constructive discharge.”’
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Arnold, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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