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<blockquote data-quote="Nolimitz" data-source="post: 1765599" data-attributes="member: 43941"><p><strong>B. Failure to State a Claim for Retaliation</strong></p><p>Because Plaintiff has sufficiently pled the elements of a retaliation claim under Title VII, the ADEA, and § 1981, the Court will deny Defendant's motion to dismiss.</p><p><strong>C. Failure to State a Claim for Constructive Discharge</strong></p><p>Plaintiff has alleged sufficient facts to show that a reasonable person in his position would have felt forced to quit because of intolerable working conditions. Defendant's motion to dismiss the claim for constructive discharge will be denied.</p><p>[41]</p><p>IT IS ORDERED:1. Defendant's motion to dismiss (Doc. 17) is denied.2. Plaintiff's request for leave to amend (Doc. 20) is denied as moot.</p></blockquote><p></p>
[QUOTE="Nolimitz, post: 1765599, member: 43941"] [B]B. Failure to State a Claim for Retaliation[/B] Because Plaintiff has sufficiently pled the elements of a retaliation claim under Title VII, the ADEA, and § 1981, the Court will deny Defendant's motion to dismiss. [B]C. Failure to State a Claim for Constructive Discharge[/B] Plaintiff has alleged sufficient facts to show that a reasonable person in his position would have felt forced to quit because of intolerable working conditions. Defendant's motion to dismiss the claim for constructive discharge will be denied. [41] IT IS ORDERED:1. Defendant's motion to dismiss (Doc. 17) is denied.2. Plaintiff's request for leave to amend (Doc. 20) is denied as moot. [/QUOTE]
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