Hargens v. United States Department of Agriculture

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

BENNETT, District Judge.

I. PROCEDURAL BACKGROUND 1317

II. STANDARDS FOR SUMMARY JUDGMENT 1318

III. FINDINGS OF FACT 1320

A. Undisputed Facts 1320

B. Disputed Facts 1321

TV. LEGAL ANALYSIS 1321

A. The Rehabilitation Act Claim.1321

1. Exhaustion Of Administrative Remedies.1323

2. Consideration Of Claims Not Raised In An EEO Complaint.1324

B. The Title VII Retaliation Claim .1328

V. CONCLUSION 1330

In this employment discrimination litigation, plaintiff claims that he was constructively discharged from his position as a…