United States Tenth Circuit

In an action raising claims for unlawful discharge, retaliation, and failure to hire, summary judgment for defendant is affirmed in part as to the unlawful discharge and retaliation claims, but reversed and the case remanded as to the failure to hire claim, where: 1) plaintiff was not fired since he voluntarily left the company; 2) the level of harassment plaintiff experienced because of his religion and his resignation in protest of another employee being discharged did not rise to the level of constructive discharge; 3) a taped conversation between plaintiff and the deceased president of the company constituted an admission by a party opponent and was admissible; and 4) the tapes showed sufficient evidence of a failure to hire claim to survive summary judgment.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• TYMKOVICH, Circuit Judge., Before HARTZ, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James W. Stewart (Boyd L. Rogers with him on the briefs) Ballard Spahr Andrews & Ingersoll, LLP, Salt Lake City, UT, for Appellant.


• For Appellees:
  
• Raymond Scott Berry, (Rodney R. Parker, Snow, Christensen & Martineau, Salt Lake City, UT, with him on the brief) for Appellee.