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MITCHELL v. CHAO

No. 5:04-CV-0011.

358 F.Supp.2d 106 (2005)

Brian E. MITCHELL, Plaintiff, v. Elaine L. CHAO, in her official capacity as Secretary of the United States Department of Labor; John L. Haunch, in his official capacity as assistant Secretary of Labor for the Occupational Safety and Health Administration; Patricia K. Clark, in her official capacity as Regional Administrator of Region 2, of the Occupational Safety and Health Administration, Defendants,

United States District Court, N.D. New York.

March 2, 2005.

Attorney(s) appearing for the Case

Coulter, Ventre & McCarthy L.L.P., Liverpool, NY (M. Joanne Van Dyke, of counsel), for Plaintiff.

Glenn T. Suddaby, United States Attorney for the Northern District of New York, Syracuse, NY (Paula Ryan Conan, of Counsel), for defendant.

BACKGROUND

MUNSON, Senior District Judge.

The complaint in this action, brought by a former federal employee, alleges age and gender discrimination, retaliation and constructive discharge from his federal employment. Nine claimed statutory violations are asserted:

(I) retaliation for filing discrimination claim with the CRC in violation of Title VII of 42 U.S.C. § 2000e-3, 3a;

(II) retaliation and/or age discrimination in violation of...

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