United States Tenth Circuit

In an FMLA and Title VII action, judgment for Defendant is reversed and remanded, where: 1) Plaintiff's evidence was sufficient to support a constructive discharge finding; and 2) the lack of disparate treatment of Plaintiff's female coworker did not defeat Plaintiff's Title VII claim.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, McKAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Hollie L. Wieland, Sears & Swanson, P.C., Colorado Springs, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Jim Goh (Emily Hobbs-Wright with him on the brief), Holland & Hart LLP, Denver, CO, for Defendant-Appellee.