Virginia Simpson v. Borg-Warner Automotive, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that voluntary transfer was not an adverse employment action where the work environment was not intolerable and assessing voluntariness under “constructive discharge” analysis
• holding that a co- worker saying “someone should take a dish and knock [Plaintiff] upside the head” did not establish constructive discharge
• holding that an agreed-upon transfer may constitute an adverse action only if the plaintiff shows that “his working conditions were so intolerable that a reasonable person would have been compelled to resign,” and the conditions were “intolerable because of unlawful discrimination”
• summarizing case law in which an employer’s unpleasant and embarrassing actions were found insufficient to support a constructive discharge claim
• finding no materially adverse employment decision existed because, among other reasons, the plaintiff had sought her downgrade
• establishing constructive discharge requires a showing that (1) working conditions “were so intolerable that a reasonable person would have been compelled to resign,” and (2) the conditions were intolerable because of unlawful discrimination

Source: CourtListener parenthetical corpus (CC0).