Figueira v. Miami-Dade County Public School Board ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
October 14, 2008
No. 07-15401 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-21828-CV-JAL
MARJORIE SANTAYANA FIGUEIRA,
Plaintiff-Appellant,
versus
MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 14, 2008)
Before ANDERSON, HULL and KRAVITCH, Circuit Judges.
PER CURIAM:
Appellant Marjorie Figueira appeals the grant of summary judgment in favor
of Miami Dade County on her claims of age and race discrimination. After
reviewing the briefs and the record, we AFFIRM the judgment for the reasons
stated in the district court’s thorough and well-reasoned order dated October 11,
2007.1
1
In particular, we are unpersuaded that appellant was constructively discharged because
she was told “horrible things” would happen to her if she did not retire. This isolated remark,
even if believed by a factfinder, does not rise to the level of severe or pervasive conduct that
would support a hostile work environment claim, much less create such intolerable conditions
that a reasonable person would be compelled to resign, as required for constructive discharge.
See, e.g., Hipp v. Liberty Nat. Life Ins. Co., 252 F.3d 1208, 1231 (11th Cir. 2001) (citations
omitted) (constructive discharge requires a showing of greater severity or pervasiveness than
hostile work environment).
2