The Sixth Circuit again confronted this question recently in Hurtt v International Services, Inc, where it made a sweeping reversal of the summary judgment granted the employer by the district judge, Hon. Denise Page Hood. The Sixth Circuit observed:
In obvious contradiction to Sixth Circuit precedent, the district court improperly held that "a plaintiff cannot use a claim of constructive discharge to establish an adverse employment action."
this Court has repeatedly held to the contrary. See Talley v. Family Dollar Stores, Inc, 542 F3d 1099, 1109-10 (6th Cir 2008)(reversing summary judgment on plaintiff's ADA constructive discharge claim); Saroli v Automation & Modular Components, Inc, 405 F3d 446, 451 (6th Cir 2005)(recognizing plaintiff's claim of a constructive discharge as an adverse employment action); Smith v Henderson, 376 F3d 529, 533 (6th Cir 2004)(analyzing whether plaintiff suffered an adverse employment action via her claim of a constructive discharge); Logan v Denny's Inc, 259 F3d 558, 568 (6th Cir 2001)("Plaintiff may establish an adverse employment action by demonstrating that she was constructively discharged."). Thus, although already well established, we hold once more today that a plaintiff may use a constructive discharge claim to show that he or she was suffered an adverse employment action.
The Sixth Circuit reversed in Hurtt summary judgment on claims under the ADA, the FMLA and Michigan's Persons with Disabilities Civil Rights Act.