Thompson v. Tracor Flight Systems, Inc.
104 Cal. Rptr. 2d 95, 86 Cal. App. 4th 1156, 2001 Cal. Daily Op. Serv. 1087 (2001)
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Rule of Law:
An employer is liable for constructive discharge when it creates or permits a continuous pattern of retaliatory harassment against an employee for engaging in protected activities, and this pattern of conduct results in working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign.
Facts:
- Rosie M. Thompson was the Director of Human Resources for Tracor Flight Systems, Inc., responsible for ensuring compliance with employment laws.
- In mid-1994, a new general manager, Donald Sullivan, instituted a hostile management style that involved yelling and screaming at employees, including Thompson.
- Thompson, as part of her duties, repeatedly reported to corporate headquarters what she believed were Sullivan's potentially unlawful actions, including potential wage-and-hour violations, retaliation for maternity leave, gender discrimination, and age discrimination.
- In one instance, Thompson objected to Sullivan's order to discipline two female employees for taking unapproved leave when male employees had done so without consequence.
- In another, after Thompson raised issues of handicapped accessibility, Sullivan responded, "we just wouldn't hire any goddamn handicaps."
- In response to Thompson's reports, Sullivan engaged in a pattern of harassing behavior, including yelling at her for calling corporate headquarters, assigning her menial switchboard duties, calling her not a "team player," and using a derogatory term ("wetback") in a discussion about hiring.
- The situation culminated on September 9, 1994, when Sullivan summoned Thompson to his office, screamed at her uncontrollably about hiring procedures, and became so agitated that Thompson feared he might physically strike her.
- During this final confrontation, Thompson backed away from Sullivan, stated "I quit," and left his office.
Procedural Posture:
- Rosie M. Thompson sued Tracor Flight Systems, Inc. in trial court for wrongful termination, alleging constructive discharge based on retaliation for opposing unlawful employment practices.
- Following a trial, a jury returned a special verdict finding that Thompson was constructively discharged as a result of adverse employment actions taken because she engaged in protected activities.
- The jury awarded Thompson $340,000 in lost earnings, $60,000 in general damages, and $200,000 in punitive damages.
- The trial court entered judgment on the jury's verdict.
- Tracor Flight Systems, Inc. (appellant) filed motions for a new trial and for judgment notwithstanding the verdict, both of which the trial court denied.
- Tracor Flight Systems, Inc. appealed the judgment to the California Court of Appeal.
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Issue:
Does a continuous pattern of a manager's hostile conduct, including yelling, verbal abuse, and other forms of harassment in retaliation for an employee's protected activities opposing unlawful employment practices, create working conditions so intolerable as to constitute a constructive discharge?
Opinions:
Majority - Vartabedian, Acting P. J.
Yes. A continuous pattern of retaliatory harassment by a manager can create working conditions so intolerable that a reasonable employee would feel compelled to resign, thereby constituting a constructive discharge. The court's analysis focuses not on isolated incidents, but on the cumulative effect of the employer's conduct. Here, the evidence supported the jury's finding of a 'continuous pattern' of conduct by Sullivan, which was not corrected by higher management. This pattern included constant yelling, intimidation, assigning demeaning tasks, making offensive comments, and threatening Thompson's job, all in retaliation for her protected activity of opposing what she reasonably believed were unlawful employment practices. The court rejected the employer's attempt to analyze each incident separately, stating that while individual acts might not suffice, 'the overall campaign of harassment can constitute such a justification.' The determination of whether conditions are intolerable is a question of fact for the jury, and substantial evidence supported their conclusion that a reasonable employee in Thompson's position would have been compelled to quit.
Analysis:
This decision solidifies the 'continuous pattern' theory of constructive discharge in California employment law. It clarifies that a plaintiff does not need to prove that each act of harassment was independently illegal or sufficient on its own to force a resignation. The case is significant because it allows courts to look at the totality of the circumstances, meaning that a series of otherwise non-actionable behaviors (like yelling or unfair criticism) can collectively create an unlawfully intolerable work environment when motivated by retaliation. This precedent strengthens protections for employees who engage in protected activities by focusing on the cumulative, real-world impact of a supervisor's retaliatory campaign, rather than on discrete, isolated events.
