Lynn Sorenson v. City of Caldwell
692 F. App'x 832
9th Cir.2017Background
- Plaintiff Lynn Sorenson worked for City of Caldwell Parks and Recreation and alleged long-term age-based harassment by supervisor Ken Wheeler.
- Sorenson repeatedly complained to Caldwell officials over several years; officials took no effective action.
- Wheeler allegedly violated a directive to avoid direct communication with Parks employees, yelled age-related comments, and struck a coworker in Sorenson’s presence.
- Caldwell did not terminate Wheeler after the assault; officials acknowledged a risk Wheeler might act violently again.
- Sorenson resigned one month after the assault and four days after learning Wheeler would remain in a nearby, similar position.
- Sorenson sued under the ADEA and Idaho Human Rights Act for constructive discharge and retaliatory discharge; the district court granted summary judgment for defendants and Sorenson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive discharge: whether working conditions were so intolerable a reasonable person would resign | Sorenson argued years of age-based harassment, failed complaints, a violent incident, and retention of Wheeler made conditions intolerable | Caldwell argued conditions were not so intolerable to compel resignation; no constructive discharge | Reversed: triable issues exist; summary judgment improper |
| Retaliation: whether protected complaint caused adverse action | Sorenson argued his complaints were protected activity and led to adverse employment action | Caldwell argued no causal link; no but-for causation shown | Affirmed: plaintiff failed to show but-for causation; summary judgment proper |
Key Cases Cited
- Pa. State Police v. Suders, 542 U.S. 129 (holding standard for constructive discharge and that intolerable conditions can convert job actions into constructive discharge)
- Montero v. AGCO Corp., 192 F.3d 856 (9th Cir.) (summary judgment review and constructive discharge context)
- Nolan v. Cleland, 686 F.2d 806 (9th Cir.) (historic discrimination can be aggravating factor supporting constructive discharge)
- Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (holding retaliation requires but-for causation)