Curtis

MEMORANDUM **

John Curtis appeals from the district court’s grant of summary judgment in favor of his former employer, defendant-appellee Century Surety Company (“Century”). The facts and procedural history are familiar to the parties and we do not repeat them here. Curtis brought claims for constructive discharge in violation of Arizona Revised Statute § 23-1502 and retaliation under the Sarbanes-Oxley Act. Curtis argues that the district court erred by (1) concluding that Century’s conduct was not outrageous so as to exempt him from Arizona’s statutory notice requirements; and (2) ruling that Curtis’s status as an attorney did not exempt him from the Sarbanes-Oxley Act’s exhaustion requirements. We affirm the judgment.

Arizona Revised Statute § 23-1502 requires an employee, as a precondition to bringing a constructive discharge claim, to notify the employer of the problematic working condition underlying his claim in writing and allow his employer fifteen days to respond. Ariz.Rev.Stat. § 23-1502(B). The statute provides an exception to the fifteen day notice requirement “in the event of outrageous conduct by the employer ... including sexual assault, threats of violence…