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constructive discharge

Banker v. University of Louisville Athletic Association, Inc., 466 S.W.3d 456 (KY 2015)

Mary Banker was an assistant track coach at the University of Louisville. She made a series of complaints about the conduct of male track coaches, which she believed to be deprecating to women. When the University failed to renew her contract, she filed suit for retaliatory discharge, gender discrimination, and hostile work environment. The Jefferson County Circuit Court found for the University on the latter two counts but awarded Banker damages for retaliatory discharge.

FBG Service Corp. v. Anderson, 3 NCA 892 (1993)

Anderson worked the night shift at FBG Service Corp (“FBG”). A review conducted in November 1988 stated that Anderson’s work was “excellent.” In early or mid-July 1989, a coworker recommended Anderson for the recently vacated job of daytime supervisor, and Anderson expressed interest. The person with hiring authority told coworkers that he preferred a man for the job as it involved heavy lifting. A month later, the firm hired a man with 21 years of experience in the military and 18 years of experience in repairing machinery for a “janitorial” position at a rate of $4 an hour.

Gavin v. Rogers Technical Services, Inc., 276 Neb. 437 (2008)

Gavin worked as the personal assistant to Rogers, the president of Rogers Technical Services, Inc. (RTSI). A few days into her employment, Gavin discovered that the conversations between her and Rogers always had a sexual overtone, if not outright about sex. One day, when Gavin entered Rogers’ home office in the morning, Rogers appeared to be wearing nothing but a pair of boxer shorts. Gavin immediately left and never returned to work again.

In re Grievance of Butler, 166 Vt. 423 (1997)

The plaintiff worked for the defendant as a police officer. During training, where the plaintiff was one of three women amongst twenty-four participants, she began to feel that she could never raise complaints because of her gender due to comments about how the male troopers better “watch out” or she would charge them with sexual harassment, or about another female trooper whose sex discrimination complaint had been dismissed by the Board.

O’Dell v. Wright, Tex. App. (2010)

Rebecca Wright was a waitress at Arlington Steakhouse, Inc. for four months. She alleged that during this time, her supervisor, Christopher O’Dell, made lewd sexual comments to her, touched her in sexual ways that she found offensive, and created a hostile work environment because of this sexual harassment. Specifically, she alleged O’Dell put his fingers down her blouse and in her pants and brushed up against her, offered to pay her for oral sex, verbally degraded her and the other waitresses, and made inappropriate comments about her physical appearance.

Raya & Haig Hair Salon v. Pennsylvania Human Relations Commission, 915 A.2d 728 (2007)

Aida Armani worked as a hairstylist at Raya and Haig Hair Salon. One of her customers, Kadyshes, began verbally and physically sexually harassing Aida by telling sexual jokes, commenting on her breasts, telling her she would be good in bed, and touching her rear and shoulders. The Salon eventually hired Kadyshes as a business manager, and he became Aida’s direct supervisor. Aida complained on at least six occasions but no action was taken to stop Kadyshes’ conduct.

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