256 P.3d 29
N.M. Ct. App.2010Background
- Plaintiff Wendy Charles worked as a Teaching Assistant in NMSU’s Dona Ana Branch from Jan 19, 2001 to Jan 31, 2005; Thompson was supervisor until July 2003, then Mount.
- Co-worker Reyes repeatedly made inappropriate comments about Plaintiff and engaged in harassing conduct, including being told to “shut-up” and other demeaning conduct, some in front of students.
- Plaintiff complained to Thompson in 2001 and again in 2003 about Reyes’s conduct; a 2003 personnel meeting occurred with a dean present.
- In 2004–2005, mediation with EEO and an amended mediation agreement addressed workplace issues and set up bi-weekly meetings; Plaintiff resigned on Jan 31, 2005.
- Plaintiff filed EEOC and NM Human Rights Division complaints; in Oct 2006 she filed suit alleging sexual harassment, retaliation, and constructive discharge; the jury found retaliation and constructive discharge, awarding damages, and Defendant appealed.
- The court ultimately affirmed, holding the continuing violation doctrine applies to retaliation and that the evidence supports constructive discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing violation doctrine applies to retaliation claims under NMHRA. | Charles contends continuing violation permits pre-cutoff acts. | NMSU argues pre-cutoff acts are time-barred. | Yes; continuing violation applies to retaliation. |
| Whether there was sufficient evidence that the retaliation led to a constructive discharge. | Evidence shows a cumulative series of retaliatory acts causing intolerable conditions. | Evidence fails to show objective intolerability or causal link. | Sufficient evidence supports constructive discharge. |
Key Cases Cited
- Ocana v. American Furniture Co., 135 N.M. 539, 91 P.3d 58 (2004-NMSC-018) (retaliation framework; causation framework under NMHRA)
- Littell v. Allstate Ins. Co., 143 N.M. 506, 177 P.3d 1080 (2008-NMCA-012) (constructive discharge factors; standards of review)
- Gormley v. Coca-Cola Enters. (Gormley II), 137 N.M. 192, 109 P.3d 280 (2005-NMSC-003) (high bar for constructive discharge; objective intolerability)
- Ulibarri v. State of N.M. Corr. Acad., 139 N.M. 193, 131 P.3d 43 (2006-NMSC-009) (continuing violation applicability to retaliation)
- Gonzales v. New Mexico Dep't of Health, 129 N.M. 586, 11 P.3d 550 (2000-NMSC-029) (retaliation evidenced by prolonged conduct)