Green v. Town of East Haven, 952 F.3d 394

Dyanna Green, a long‑time records employee at East Haven Police Department (age >40), worked under Lt. Emerman; a younger coworker was hired in 2012 and Green alleges age‑based marginalization.
On Dec. 5, 2014 Green took a wire basket and a canister of Pillsbury biscuits from the departmental refrigerator (she later said she intended to bake and return them); Chief Larrabee confronted her and she was placed on administrative leave.
IA Officer James Naccarato investigated, concluded Green committed "premeditated theft" and "purposely concealed" the items, and prepared an IA report categorizing the offense as a fireable matrix violation subject to a consent‑decree disciplinary matrix.
Green met with union reps and, after being told by her union rep that the Town would not hear from her and that she could either retire or have a Loudermill pre‑termination hearing she was advised she would "almost certainly" lose, she submitted a resignation/retirement effective Jan. 1, 2015.
Green sued under the ADEA and Connecticut law for constructive discharge; the district court granted summary judgment for the Town, holding Green failed to prove an adverse employment action because she voluntarily retired instead of pursuing the Loudermill hearing.
The Second Circuit vacated and remanded, holding that, viewed in the light most favorable to Green, the record raised genuine fact issues whether a reasonable person in her position would feel compelled to resign (constructive discharge).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Green suffered an adverse employment action via constructive discharge	Green: IA findings, IA officer's statements that she would likely be fired, and union rep's advice that she would "almost certainly" lose made resignation coerced, not voluntary	Town: Green voluntarily resigned and had an available Loudermill hearing; no decisionmaker gave a categorical ultimatum, so no adverse action	Reversed: Material disputes (IA report, IA officer and union rep statements, disciplinary matrix) could lead a reasonable juror to find constructive discharge; summary judgment inappropriate

McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for prima facie discrimination case)
Gross v. FBL Financial Services, Inc., 557 U.S. 167 (ADEA requires "but‑for" causation)
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (hostile work environment/constructive alterations to employment terms)
Harris v. Forklift Systems, Inc., 510 U.S. 17 (objective standard for hostile work environment)
Kirsch v. Fleet Street, Ltd., 148 F.3d 149 (constructive discharge standard under ADEA)
Lopez v. S.B. Thomas, Inc., 831 F.2d 1184 (threats of termination can suffice for constructive discharge)
Stetson v. NYNEX Service Co., 995 F.2d 355 (insufficient evidence where employer never suggested termination)
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (pretermination hearing procedural right)