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LOPEZ v. S.B. THOMAS, INC.

No. 1017, Docket 86-7920.

831 F.2d 1184 (1987)

Cruz LOPEZ, Plaintiff-Appellant, v. S.B. THOMAS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Jose A. Rivera, Brooklyn, N.Y., for plaintiff-appellant.

Richard E. Donovan, New York City (Kelley Drye & Warren, Eugene T. D'Ablemont, Cynthia A. Epstein, New York City, of counsel), for defendant-appellee.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This case presents for our consideration whether unchecked ethnic epithets directed towards an employee may contribute to the employee's constructive discharge from his employment, and whether this type of harassment may also serve as the basis for a hostile work environment claim entitling plaintiff to relief in his civil rights suit against his employer. Although we recognize that an employer is unable to guarantee

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