The following excerpt is from Ferraro v. Kellwood Co., 440 F.3d 96 (2nd Cir. 2006):
Inc. ("Leopold I"), 174 F.3d 261, 267 (2d Cir.1999). A plaintiff's further claim for constructive discharge requires the plaintiff to prove that her employer deliberately and discriminatorily created work conditions "so intolerable that a reasonable person in the employee's position would have felt compelled to resign." Pa. State Police v. Suders, 542 U.S. 129, 141, 124 S.Ct. 2342, 159 L.Ed.2d 204 (2004). Upon that showing, the employee's decision to resign "is assimilated to a formal discharge for remedial purposes." Id.
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