Figueira v. Miami-Dade County Public School Board

U.S. Court of Appeals for the Eleventh Circuit
Figueira v. Miami-Dade County Public School Board, 296 F. App'x 752 (11th Cir. 2008)
Anderson, Hull, Kravttch, Per Curiam

Figueira v. Miami-Dade County Public School Board

Opinion

PER CURIAM:

Appellant Marjorie Figueira appeals the grant of summary judgment in favor of Miami Dade County on her claims of age and race discrimination. After reviewing the briefs and the record, we AFFIRM the judgment for the reasons stated in the district court’s thorough and well-reasoned order dated October 11, 2007, 2007 WL 3286758. 1

1

. In particular, we are unpersuaded that appellant was constructively discharged because she was told "horrible things” would happen to her if she did not retire. This isolated remark, even if believed by a factfinder, does not rise to the level of severe or pervasive conduct that would support a hostile work environment claim, much less create such intolerable conditions that a reasonable person would be compelled to resign, as required for constructive discharge. See, e.g., Hipp v. Liberty Nat. Life Ins. Co., 252 F.3d 1208, 1231 (11th Cir. 2001) (citations omitted) (constructive discharge requires a showing of greater severity or pervasiveness than hostile work environment).

Reference

Full Case Name
Marjorie Santayana FIGUEIRA, Plaintiff-Appellant, v. MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD, Defendant-Appellee
Status
Unpublished