Levesque v. Androscoggin County
2012 ME 114
Me.2012Background
- Levesque alleged gender discrimination, constructive discharge, and retaliation against Androscoggin County in April 2010.
- The Superior Court granted summary judgment dismissing constructive discharge and gender discrimination; retaliation went to trial and judgment favored the County.
- Levesque began as a corrections officer in August 2000 at the Androscoggin County Jail.
- A female coworker filed a harassment complaint against a male coworker, Kevin Harmon; Harmon was suspended and moved to night shift for two years.
- Before Harmon’s two-year assignment ended, Levesque learned Harmon would be moved to daytime; she opposed this in meetings and in writing.
- The Jail did not reassign Harmon to day shift; Levesque faced increased supervision, disciplinary write-ups, and a new assignment, followed by her resignation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether constructive discharge is an independent cause of action. | Levesque argues constructive discharge stands alone. | County contends constructive discharge is not independently actionable. | Constructive discharge is not an independent cause of action. |
| Whether Levesque proved a prima facie case of constructive discharge separate from discrimination. | Levesque asserts facts show a prima facie case independent of discrimination. | No independent unlawful conduct shown; no separate claim. | La effet, construct discharge requires underlying unlawful discrimination to support damages. |
Key Cases Cited
- Pa. State Police v. Suders, 542 U.S. 129 (2004) (origin of the constructive discharge concept)
- King v. Bangor Fed. Credit Union, 611 A.2d 80 (Me.1992) (constructive discharge used in Maine discrimination context)
- Hernandez-Torres v. Intercont’l Trading, Inc., 158 F.3d 43 (1st Cir.1998) (constructive discharge context in MHRA analysis)
- Kopenga v. Davric Me. Corp., 1999 ME 65 (Me. 1999) (federal guidance for MHRA interpretation)
- Marrero v. Goya of P.R., Inc., 304 F.3d 7 (1st Cir.2002) (constructive discharge not an independent action; context with harassment)