Case: Discrimination/Hostile Work Environment (D. Ariz.)

An Arizona federal district court denied Suns Legacy Partners LLC’s motion to dismiss a constructive discharge claim under 42 U.S.C. § 1981 brought by a Hispanic female employee who alleged she was forced to resign due to a hostile work environment, ruling that Supreme Court precedent in Green v. Brennan and Pennsylvania State Police v. Suders establishes that constructive discharge can be brought as a distinct claim under § 1981, contrary to the defendant’s argument that constructive discharge is not an independent cause of action.

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