United States Ninth Circuit

In a suit by a former government employee alleging age discrimination, retaliation and constructive discharge, judgment for plaintiff on the retaliation claim is affirmed where, if a subordinate, in response to a plaintiff's protected activity, sets in motion a proceeding by an independent decisionmaker that leads to an adverse employment action, the subordinate's bias is imputed to the employer if the plaintiff can prove that the allegedly independent adverse employment decision was not actually independent because the biased subordinate influenced or was involved in the decision or decisionmaking process. Judgment for plaintiff on his constructive discharge claim is reversed where evidence of transfer and demotion was insufficient to establish a constructive discharge as a matter of law.

Appellate Information

• Argued 03/08/2007
• Decided 07/20/2007
• Published 07/20/2007

Judges

• Before:  RONALD M. GOULD, RICHARD A. PAEZ, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Karin J. Immergut, United States Attorney, Marleigh D. Dover and Mark R. Freeman, Attorneys, Appellate Staff Civil Division, United States Department of Justice, Washington, D.C., for defendant-appellant Michael Chertoff., Kevin Keaney, Kevin Keaney PC, Portland, OR, for plaintiff-appellee James R. Poland.