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VASQUEZ v. ATRIUM DOOR AND WINDOW CO. OF ARIZONA

No. CIV 00-1265-PHX-LOA.

218 F.Supp.2d 1139 (2002)

Jose B. VASQUEZ, Plaintiff, v. ATRIUM DOOR AND WINDOW COMPANY OF ARIZONA, INC., Defendant.

United States District Court, D. Arizona.

August 19, 2002.

Attorney(s) appearing for the Case

Stephen G. Montoyo, Phoenix, AZ, for plaintiff.

Bradley D. Gardner, Udall, Shumway, Blackhurst, Allen & Lyons, PC, for defendant.

ORDER

ANDERSON, United States Magistrate Judge.

This matter arises on Plaintiff's Motion Regarding Whether Constructive Discharge Constitutes a Tangible Employment Action. (document # 80). Plaintiff requests that the Court issue an order that a constructive discharge resulting from the discriminatory conduct of a supervisor constitutes a "tangible employment action" and, consequently, bars the affirmative defenses established by the Supreme Court in Burlington...

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