| The Second Circuit vacated the district court's summary judgment dismissal of plaintiff's action against the Town, alleging that she was terminated from her employment based on age discrimination, in violation of the Age Discrimination in Employment Act of 1967. The district court granted summary judgment on the sole ground that plaintiff had failed to make out a prima facie case of any adverse employment action, because she chose to retire rather than attend a scheduled disciplinary hearing. The court held that, viewed in the light most favorable to plaintiff, the evidence was sufficient to present genuine issues of fact as to whether a reasonable person in plaintiff's shoes would have felt compelled to retire. In this case, the district court failed to view evidence that the retirement was not voluntary because it was coerced by the threat of likely termination, and therefore plaintiff suffered a constructive-discharge adverse employment action. Accordingly, the court remanded for further proceedings. |
