Mario Rodriguez v. the Boeing Company

facts establish that after a two-week delay, during which Rodriguez was on leave,

he was released by his supervisor and free to transfer to another position. He does

not allege that he was adversely impacted by the delay in his transfer. Third,

2 Rodriguez also failed to present any evidence that similarly situated employees outside his protected class received more favorable treatment.

3 Rodriguez resigned before the appeal of his negative performance review was

resolved. Therefore, the negative performance review was not sufficiently final to

constitute an adverse employment action. See Brooks v. City of San Mateo, 229

F.3d 917, 930 (9th Cir. 2000).

2. Rodriguez’s claim for unlawful discharge in violation of

Washington’s public policy against discrimination also fails because he has not

established that he was constructively discharged. To demonstrate constructive

discharge, Rodriguez must show that (1) his employer deliberately made working

conditions intolerable, (2) a reasonable person in his position would be forced to

resign, (3) he resigned because of the intolerable condition and not for any other

reason, and (4) he suffered damages as a result of being…