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COHEN v. FRED MEYER, INC.

Nos. 81-3187, 81-3226.

686 F.2d 793 (1982)

Phyllis COHEN, Danielle Hopkins, and Marianne Bires, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. FRED MEYER, INC., Defendant-Appellant. Phyllis COHEN, et al., Plaintiffs, and Marianne Bires, Plaintiff-Appellant, v. FRED MEYER, INC., and Local 1092, Retail Employees Union, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1982.

Attorney(s) appearing for the Case

Susan P. Graber, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., for defendant-appellant.

Ronald P. Schiffman, Tolovana Park, Or., argued, for plaintiffs-appellees; Patricia Watson, Tolovana Park, Or., on brief.

Before KILKENNY, GOODWIN and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Fred Meyer, Inc. appeals from the district court's judgment that it violated § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), by retaliating against appellee/cross-appellant Marianne Bires for having filed an employment discrimination complaint with the EEOC. The court also held that such retaliatory action resulted in her constructive discharge. We vacate the judgment and remand to the district court for...

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