Helen A. PENA, Appellee, v. BRATTLEBORO RETREAT, Appellant, 702 F.2d 322 (2d Cir. 1983). · Go Syfert
Helen A. PENA, Appellee, v. BRATTLEBORO RETREAT, Appellant, 702 F.2d 322 (2d Cir. 1983). Cases Citing This Book View Copy Cite
423 citation events (114 in the last 25 years) across 30 distinct courts.
Strongest positive: DeSoignies v. Credit Lyonnais (nysd, 1985-09-10)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) DeSoignies v. Credit Lyonnais
S.D.N.Y. · 1985 · quote attribution · 1 verbatim quote · confidence high
standards relating to burden and order of proof in title vii cases apply as well to cases arising under the adea
discussed Cited as authority (rule) Joshua Lewis v. City of Hartford and Jason Thody
D. Conn. · 2026 · confidence medium
An employee “may prove a constructive discharge by establishing that his “employer, rather than acting directly, deliberately ma [de his] working conditions so intolerable that [he was] forced into an involuntary resignation,” i.e., ‘so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign.’” Kirsch v. Fleet St., Ltd., 148 F.3d 149 , 161 (2d Cir. 1998)(quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Dawn Merritt v. State of Connecticut Workers’ Compensation Commission
D. Conn. · 2025 · confidence medium
“Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that forces an employee to quit involuntarily.” Id. (citing Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
cited Cited as authority (rule) Graber v. Cayuga Home for Children
N.D.N.Y. · 2025 · confidence medium
Sept. 30, 2024) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
cited Cited as authority (rule) Graber v. Cayuga Home for Children
N.D.N.Y. · 2024 · confidence medium
Sept. 30, 2024) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
cited Cited as authority (rule) Graber v. Cayuga Home for Children
N.D.N.Y. · 2024 · confidence medium
Sept. 30, 2024) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Knight v. MTA- New York City Transit
E.D.N.Y · 2024 · confidence medium
Constructive Discharge “A constructive discharge occurs when the employer, rather than acting directly, ‘deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.’” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (quoting Young v. Sw.
discussed Cited as authority (rule) Barker v. Aramark Uniform & Careers Apparel LLC (2×)
E.D.N.Y · 2024 · confidence medium
Constructive Discharge A. Legal Standard “A constructive discharge occurs when the employer, rather than acting directly, ‘deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.’” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (quoting Young v. Sw.
discussed Cited as authority (rule) Arnold v. Town of Camillus, New York
N.D.N.Y. · 2024 · confidence medium
"A 'constructive discharge' occurs when an employer 'deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation.'" Hockeson v. New York State Office of General Services, 188 F. Supp. 2d 215, 220 (S.D.N.Y. 2002) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Moody v. Empire Hotel Development, Inc.
S.D.N.Y. · 2023 · confidence medium
Edwards, 957 F. Supp. 2d at 213 . “[T]he standard is a demanding one, because a constructive discharge cannot be proven merely by evidence that an employee preferred not to continue working for that employer or that the employee’s working conditions were difficult or unpleasant.” Miller v. Praxair, Inc., 408 F. App’x 408, 410 (2d Cir. 2010). “[R]outine disagreements with supervisors or mild criticisms . . . are simply insufficient to establish the sort of ‘intolerable’ working conditions necessary to a constructive discharge claim.” Id. (citing Pena v. Brattleboro Retreat, 702 …
discussed Cited as authority (rule) Feggins v. County of Niagara, Department of Social Services
W.D.N.Y. · 2021 · confidence medium
Constructive discharge occurs “when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced to an involuntary resignation,” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (internal quotation marks and citation omitted); Singh, supra, 911 F. Supp.2d at 235 .
cited Cited as authority (rule) Knight v. MTA- New York City Transit
E.D.N.Y · 2021 · confidence medium
Corp., 130 F. Supp. 3d 709, 724 (E.D.N.Y. 2015) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Villella v. City of Lockport
W.D.N.Y. · 2021 · confidence medium
Plaintiff must prove a prima facie case under this Act by showing she was in a protected age group (over 40 years of age, see General Dynamics Land Sys., Inc. v. Cline, 540 U.S. 581, 591 , 124 S.Ct. 1236 , 157 L.Ed.2d 1094 (2004), that she was qualified for her job, she was suffered an adverse employment action, and the adverse employment action arose under circumstances that give rise to an inference of age discrimination, Pena v. Brattleboro Retreat, 702 F.2d 322, 324 (2d Cir. 1983) (Docket No. 1, Compl. ¶ 58).
discussed Cited as authority (rule) CCR International, Inc. v. Elias Group, LLC
S.D.N.Y. · 2020 · signal: cf. · confidence medium
Cf. Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (“A constructive discharge occurs when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” (citation omitted)).
cited Cited as authority (rule) Silva-Markus v. New York City Department Of Education
S.D.N.Y. · 2020 · confidence medium
Feb. 19, 2003) (citing Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Stark v. Lonnie G. Bunch
D. Mass. · 2020 · confidence medium
Mass. 1992) (requiring for the fourth element “that plaintiff show that the employer’s decision ‘occurred under circumstances giving rise to an inference’ of discrimination” (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 324 (2d Cir. 1983))).
discussed Cited as authority (rule) Truitt v. Salisbury Bank and Trust Company
S.D.N.Y. · 2020 · confidence medium
Co., 995 F.2d 1147 , 1156 (2d Cir. 1993) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (internal quotations omitted)); accord Polidori v. Societe Generale Groupe, 39 A.D.3d 404, 405 (1st Dep’t 2007) (“To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant that a reasonable person would have felt compelled to resign’” (quoting Mascola v. City Univ. of N.Y., 14 A.D.3d 409, 410 (1st Dep’t 2005))).
cited Cited as authority (rule) Benitez v. Jarvis Airfoil, Inc
D. Conn. · 2020 · confidence medium
Co., 92 F.3d 81, 89 (2d Cir. 1996)(citing to Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983)).
discussed Cited as authority (rule) Green v. Town of East Haven (2×) also: Cited "see, e.g."
2d Cir. · 2020 · confidence medium
See, e.g., Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 161 (2d Cir. 3 1998) (ʺKirschʺ); Stetson v. NYNEX Service Co., 995 F.2d 355, 360 (2d Cir. 1993) 4 (ʺStetsonʺ); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (ʺPenaʺ). ʺ[T]he 5 plaintiffʹs burden of establishing a prima facie case in a discrimination suit is 6 de minimis.ʺ Chertkova v. Connecticut General Life Insurance Co., 92 F.3d 81, 90 (2d Cir. 7 1999) (ʺChertkovaʺ) (Title VII claim of gender discrimination) (internal quotation marks 8 omitted). 9 An employeeʹs rights under federal antidiscrimination statutes…
discussed Cited as authority (rule) Pignone v. United Parcel Service, Inc.
N.D.N.Y. · 2020 · confidence medium
Rather, a "plaintiff may prove a constructive discharge by establishing that [her] 'employer, rather than acting directly, deliberately made [her] working conditions so intolerable that [s]he was forced into an involuntary resignation,' i.e., 'so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign.'" Kirsch v. Fleet St., Ltd., 148 F.3d 149 , 161 (2d Cir. 1998) (providing constructive discharge standard in ADEA context) (citing Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (internal alteration omitted)); see Gorzynski, 596…
discussed Cited as authority (rule) Gorman v. Covidien, LLC
S.D.N.Y. · 2015 · confidence medium
Opp. 13). 7 Significantly, however, constructive .discharge requires a showing that “working conditions would have been so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Ingrassia v. Health & Hospital Corp.
E.D.N.Y · 2015 · confidence medium
“A constructive discharge occurs when the employer, rather than acting directly, ‘deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.’ ” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983) (quoting Young v. Southwestern Savings & Loan Ass’n, 509 F.2d 140, 144 (5th Cir.1975)).
discussed Cited as authority (rule) Claes v. Boyce Thompson Institute for Plant Research
N.D.N.Y. · 2015 · confidence medium
The working conditions must be so objectively intolerable “that a reasonable person in the employee’s shoes would have felt compelled to resign.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983) (internal quotation marks omitted).
discussed Cited as authority (rule) Valleriani v. Route 390 Nissan LLC
W.D.N.Y. · 2014 · confidence medium
Plaintiff must allege that “her job had become ‘intolerable’ to the point that she was ‘forced into an involuntary resignation.’” Id. at 415, 2014 WL 1315385 at *4 (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983)). “ ‘[A] perception that the employee is being unfairly criticized, or exposure to difficult or unpleasant conditions does not rise to the level of a constructive discharge.’ ” Kurian v. Forest Hills Hospital, 962 F.Supp.2d 460, 471 (E.D.N.Y.2013) (quoting Russ v. Town of Watertown, No. 3:04CV014AWT, 2005 WL 734344 , at *2 (D.Conn.
cited Cited as authority (rule) Lehman v. Bergmann Associates, Inc.
W.D.N.Y. · 2014 · confidence medium
Lehman must allege that her job had become “intolerable” to the point that she was “forced into an involuntary resignation.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Giambattista v. American Airlines, Inc. (2×) also: Cited "see, e.g."
E.D.N.Y · 2014 · confidence medium
Int’l, 481 F.3d 86, 89 (2d Cir.2007) (holding that constructive discharge “occurs ‘when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.’”)(quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983)).
discussed Cited as authority (rule) Mark Laster v. City of Kalamazoo
6th Cir. · 2014 · confidence medium
Thomas, Inc., 831 F.2d 1184, 1188 (2d Cir.1987) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325-26 (2d Cir.1983) (quoting Young v. Southwestern Sav. and Loan Ass’n, 509 F.2d 140, 144 (5th Cir. 1975))).
discussed Cited as authority (rule) Chiro v. Foley
Ohio Ct. App. · 2013 · confidence medium
To establish a “constructive discharge,” a plaintiff must show that the employer “deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983), quoting Young v. Southwestern Savings & Loan Assn., 509 F.2d 140, 144 (5th Cir.1975).
discussed Cited as authority (rule) Dowrich-Weeks v. Cooper Square Realty, Inc. (2×)
2d Cir. · 2013 · confidence medium
Rather, a “plaintiff may prove a constructive discharge by establishing that [her] ‘employer, rather than acting directly, deliberately made [her] working conditions so intolerable that [s]he was forced into an involuntary resignation,’ ie., ‘so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.’ ” Kirsch v. Fleet St., Ltd., 148 F.3d 149 , (2d Cir.1998) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983) (internal alteration omitted)).
discussed Cited as authority (rule) Delville v. Firmenich Inc.
S.D.N.Y. · 2013 · confidence medium
Co., 995 F.2d 1147 , 1156 (2d Cir.1993) (constructive discharge “occurs when an employer ‘deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation' ” (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983))).
discussed Cited as authority (rule) Singh v. New York State Department of Taxation & Finance
W.D.N.Y. · 2012 · confidence medium
Constructive Discharge Constructive discharge occurs “when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Weisbecker v. Sayville Union Free School District
E.D.N.Y · 2012 · confidence medium
Int'l 481 F.3d 86, 89 (2d Cir.2007) (stating that constructive discharge “occurs ‘when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.’ ” (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983))).
discussed Cited as authority (rule) Scott v. Harris Interactive, Inc.
S.D.N.Y. · 2012 · confidence medium
See also Petrosino v. Bell Atl., 385 F.3d 210, 229-30 (2d Cir.2004); Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 73 (2d Cir.2000); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Nicholls v. Philips Semiconductor Manufacturing (2×)
S.D.N.Y. · 2011 · confidence medium
Co., 995 F.2d 1147 , 1156 (2d Cir.1993) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir. 1983) (internal quotation marks omitted)); see also Terry v. Ashcroft, 336 F.3d 128, 151-52 (2d Cir.2003) (“An employee is constructively discharged when his employer, rather than discharging him directly, intentionally creates a work atmosphere so intolerable that he is forced to quit involuntarily.”).
cited Cited as authority (rule) Rupert v. City of Rochester, Department of Environmental Services
W.D.N.Y. · 2010 · confidence medium
Thomas, Inc., 831 F.2d 1184, 1188 (2d Cir.1987) (quoting Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983)) (internal quotation omitted).
cited Cited as authority (rule) Konieczny v. New York State Division of Parole
W.D.N.Y. · 2009 · confidence medium
See Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 161 (2d Cir.1998); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Holowecki v. Federal Express Corp.
S.D.N.Y. · 2009 · confidence medium
Instead, a plaintiff must present evidence sufficient such that a reasonable finder of fact could find that the employer deliberately created working conditions that were “so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Meuser v. Federal Express Corp.
1st Cir. · 2009 · confidence medium
Torrech-Hernandez, 519 F.3d at 50 (internal citations and quotations omitted) (quoting De La Vega v. San Juan Star, Inc., 377 F.3d 111, 117 (1st Cir.2004); see also GTE Products Corp., 653 N.E.2d at 168-69 (“ ‘[T]he trier of fact must be satisfied that the new working conditions would have been so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.’ The test is met if, based on an objective assessment of the conditions under which the employee has asserted he was expected to work, it could be found they were so difficult as to b…
discussed Cited as authority (rule) Field v. Tonawanda City School District
W.D.N.Y. · 2009 · confidence medium
Less, 705 F.Supp. at 114 (ADEA claims based on alleged forced early retirement) (quoting Rosado v. Santiago, 562 F.2d 114, 119 (1st Cir.1977) and quoted in Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983)).
discussed Cited as authority (rule) Shapiro v. New York City Department of Education (2×)
S.D.N.Y. · 2008 · confidence medium
It is true that a genuine constructive discharge, whereby an employee’s resignation is treated as if the employer had actually discharged the employee, Pena v. Brattleboro Retreat, 702 F.2d 322, 325-26 (2d Cir.1983), constitutes an adverse employment action.
cited Cited as authority (rule) Paul M. Morris v. Schroder Capital Management International and Schroder Investment Management North America Inc., Docket No. 05-0823-Cv
2d Cir. · 2007 · confidence medium
Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Ochei v. Coler/Goldwater Memorial Hospital
S.D.N.Y. · 2006 · confidence medium
Co., 995 F.2d 355 , 361 (2d Cir.1993) (citations and internal quotations omitted) (holding no claim for constructive discharge where employee was dissatisfied with his compensation, assignments, and criticisms of his work, but rank and salary were never reduced); see also Kader v. Paper Software, 111 F.3d 337, 339 (2d Cir.1997); Martin v. Citibank, N.A., 762 F.2d 212, 221 (2d Cir.1985) (no claim where employee had unpleasant assignments and difficult relationship with supervisor); Pena v. Brattleboro Retreat, 702 F.2d 322, 324-26 (2d Cir.1983) (no claim where employee was dissatisfied with nat…
discussed Cited as authority (rule) Nakis v. Potter
S.D.N.Y. · 2006 · confidence medium
See also Petrosino v. Bell Atlantic, supra, 385 F.3d at 229-30 ; Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 73 (2d Cir.2000); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Whitlow v. VISITING NURSE ASS'N OF WESTERN NY
W.D.N.Y. · 2005 · confidence medium
In Stetson v. NYNEX Service Co., 995 F.2d 355 (2d Cir.1993), the Second Circuit explained that in order to establish a valid claim of constructive discharge, the employee must show more than just difficult or unpleasant working conditions, dissatisfaction with the nature of her assignments, or the “feel[ing] that the quality of h[er] work has been unfairly criticized.... ” Id. at 360 (citing Martin v. Citibank, N.A., 762 F.2d 212, 221 (2d Cir.1985); Pena v. Brattleboro Retreat, 702 F.2d 322, 325-26 (2d Cir.1983); Clowes v. Allegheny Valley Hospital, 991 F.2d 1159, 1160-61 (3d Cir.), cert. …
cited Cited as authority (rule) Stroud v. New York City
S.D.N.Y. · 2005 · confidence medium
Co., 995 F.2d 355 , 360-61 (2d Cir.1993); Pena v. Brattleboro Retreat, 702 F.2d 322, 325-26 (2d Cir.1983).
discussed Cited as authority (rule) Garvin v. Potter
S.D.N.Y. · 2005 · confidence medium
To establish a claim of constructive discharge, a plaintiff must show that the defendant “deliberately made his working conditions so intolerable that he was forced into an involuntary resignation.” Stetson v. NYNEX Service Co., 995 F.2d 355, 360-61 (2d Cir.1993) (internal citation and quotation marks omitted); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
discussed Cited as authority (rule) Wright v. Goldman, Sachs & Co. (2×)
S.D.N.Y. · 2005 · confidence medium
Such a constructive discharge occurs “when the employer, rather than acting directly, deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983) (internal quotation marks omitted; emphasis added); accord Terry v. Ashcroft, 336 F.3d 128, 151-52 (2d Cir.2003).
discussed Cited as authority (rule) Lisa Petrosino v. Bell Atlantic
2d Cir. · 2004 · confidence medium
In Pena v. Brattleboro Retreat, we reversed a jury verdict in favor of a nursing home administrator who claimed that her employer’s decision to accelerate transfer of her supervisory authority to her successor compelled her to resign. 702 F.2d 322, 325-26 (2d Cir.1983).
cited Cited as authority (rule) Bright v. Le Moyne College
N.D.N.Y. · 2004 · confidence medium
Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
cited Cited as authority (rule) Benette v. Cinemark U.S.A., Inc.
W.D.N.Y. · 2003 · confidence medium
Co., 995 F.2d 355 , 360 (2d Cir.1993); Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983).
Retrieving the full opinion text from the archive…
31 Fair empl.prac.cas. 198, 31 Empl. Prac. Dec. P 33,416 Helen A. Pena
v.
Brattleboro Retreat
624, Docket 82-7598.
Court of Appeals for the Second Circuit.
Mar 1, 1983.
702 F.2d 322
1983 U.S. App. LEXIS 30032
David A. Gibson, Brattleboro, Vt. (Weber, Perra & Gibson, Brattleboro, Vt., of counsel), for appellant., Peardon Donaghy, Barre, Vt. (Abare, Donaghy & Nicholls, P.C., Barre, Vt., of counsel), for appellee.
Kearse, Winter, Pratt.
Cited by 267 opinions  |  Published
WINTER, Circuit Judge:

Brattleboro Retreat appeals from a jury verdict and a judgment for $30,000 in damages entered in favor of Helen A. Pena after a two day trial before Judge Coffrin in the United States District Court for the District of Vermont. Pena claimed that the Retreat, her former employer, had violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634 (1976, Supp. IV 1980 & Supp. V 1981) in discharging her. The Retreat contends that Judge Coffrin erred in denying its motions for a directed verdict after the plaintiff’s ease in chief and for a judgment notwithstanding the verdict. Because we agree that .the evidence presented by Pena did not establish a prima facie case under the ADEA, we reverse.

I

The Brattleboro Retreat is a psychiatric hospital which provides allied services including those of a nursing home known as[*323] Linden Lodge. In January, 1975, after discussions with Dr. William Beach, Chief Executive Officer of the Retreat, Mrs. Pena, then 58 years old, was hired to serve as coordinator of the various functions and services offered by the Retreat, reporting directly to Dr. Beach. Mrs. Pena was promoted in stages to the position of administrator of Linden Lodge, a position she held until 1980. Mrs. Pena was responsible for supervising the day to day operations of Linden Lodge, including its employees and staff, for maintaining communications with various state and federal oversight and funding agencies, and for lobbying efforts on behalf of the Retreat involving the Vermont state government. She was considered particularly adept at dealing with agency regulations and at acting as an advocate for the hospital in government circles.

Mrs. Pena suggested, apparently in the spring of 1978, that someone be trained to take over her position after her planned retirement in August, 1981. As a consequence, and on Mrs. Pena’s recommendation, a woman in her early thirties named Mary Horan was hired as an assistant administrator for the Lodge.

At trial, Mrs. Pena, as the sole witness on her behalf, contended that a February 13, 1980 meeting was the first in a series of events which constituted a constructive discharge from her position as administrator of Linden Lodge, and that because she was replaced by a younger woman, Mary Horan, her discharge was due to her age. The Retreat claimed that Mrs. Pena resigned due to her own inability to adjust to the reasonable demands of her employer and that the parting of the ways between Mrs. Pena and the Lodge was unrelated to age. After the conclusion of the Retreat’s case, the jury returned a verdict in favor of Mrs. Pena and a damage award for $24,153.75 plus twenty-five percent for fringe benefits plus full pension benefits, which the Court found to be inconsistent and to contain a gratuity. Judge Coffrin therefore set aside the damage award and recomputed the damages to the sum of $30,000, a figure to which both parties agreed.

II

The Supreme Court has stated, regarding motions for directed verdicts and judgments n.o.v.,

When the evidence is such that without weighing the credibility of the witnesses there can be but one reasonable conclusion as to the verdict, the court should determine the proceeding .. . without submission to the jury .... By such direction of the trial court the result is saved from the mischance of speculation over legally unfounded claims.

Brady, Administratrix v. Southern Railway Co., 320 U.S. 476, 479-80, 64 S.Ct. 232, 234-35, 88 L.Ed. 239 (1943). The standard in this circuit is whether “the evidence, viewed in the light most favorable to the non-movants without considering credibility or weight, reasonably permits only a conclusion in the movants’ favor.” Sirota v. Solitron Devices, Inc., 673 F.2d 566, 573 (2d Cir.1982); Samuels v. Health and Hospitals Corp., 591 F.2d 195,198 (2d Cir.1979); Simblest v. Maynard, 427 F.2d 1, 4 (2d Cir.1970).

Pena’s action was brought under the ADEA which provides that it “shall be unlawful for an employer ... to discharge any individual ... because of such individual’s age.” 29 U.S.C. § 623(a)(1). However, the Act specifically provides that it is not unlawful for an employer to base its decision on “reasonable factors other than age,” or to discharge an individual “for good cause.” 29 U.S.C. § 623(f)(l)(3).

The plaintiff has the burden of proving that “age was the ‘determining factor’ in his discharge in the sense that, ‘but for’ his employer’s motive to discriminate against him because of age, he would not have been discharged.” Loeb v. Textron, Inc., 600 F.2d 1003,1019 (1st Cir.1979). The standards relating to burden and order of proof in Title VII cases apply as well to cases arising under the ADEA. See e.g., Lorillard v. Pons, 434 U.S. 575, 584, 98 S.Ct. 866, 872, 55 L.Ed.2d 40 (1978); Geller v. Markham, 635 F.2d 1027 (2d Cir.1980), cert. denied, 451 U.S. 945, 101 S.Ct. 2028, 68[*324] L.Ed.2d 332 (1981); Loeb v. Textron, supra. Those standards were most recently enunciated in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981), in which the Court explained:

First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.

(citations omitted).

Given the nature of Mrs. Pena’s claim, a prima facie case of age discrimination would consist of sufficient evidence to support a finding that (i) she was in the protected age group, (ii) she was qualified for her job, (iii) she was discharged, and (iv) the discharge occurred in circumstances which give rise to an inference of age discrimination. Id.

We hold that Mrs. Pena failed to produce evidence that she was discharged. She did not, therefore, establish a prima facie case and a verdict in favor of the defendant should have been directed at the close of her case in chief. [1] Mrs. Pena’s testimony, the only evidence offered in her behalf, was to the following effect: On February 13, 1980, she and Dr. Beach held their regular Tuesday meeting. Dr. Beach began it with the rather blunt statement, “Helen, I would like you to step down.” When Mrs. Pena failed to respond, he added, “I would like Mary Horan to take over the running of the day-to-day of Linden Lodge. I would like her to learn from you.” He then further explained that, “You know there comes a time for all of us to relinquish responsibility.” Mrs. Pena’s testimony made it clear that she understood this to mean not that her employment ties with Linden Lodge and the Retreat should be severed, but rather that she should serve as backup to Mary Horan so Horan might obtain comprehensive experience in running the home while Pena was still available to help her. Indeed, Dr. Beach said that it was important to delegate authority to subordinates and made it clear that Mrs. Pena would retain the title of administrator of Linden Lodge and would continue to supervise Ms. Horan’s work during this period. Moreover, the understanding was that Mrs. Pena would continue to receive the same salary she had been receiving all along.

Mrs. Pena described her reaction to this suggestion in the following way: “[t]he [delegation of authority] is what he was expecting, apparently. But it came as a shock.” When she asked Dr. Beach what her role was to be in the new order of things, he stated, “You can do your own thing.” She interpreted this to mean that she would serve as administrator “without any authority. Mary was to run the Lodge, and I was to be on the road and do legislative work, whatever I wanted to do.” The difficulty with this, according to Mrs. Pena, was that the legislature was only in session a few months a year and that much of the time she would have little to do, despite the fact that she would still have extensive duties as governmental agency liaison for the Retreat. Thus, as Mrs. Pena stated, “I couldn’t work without a role .... I didn’t have a role. The facility was too small to have two administrators. To my staff I was the administrator. When I was there it was too confusing for the staff and the patients. That was my problem.”

After the February 13 meeting, Mrs. Pena went back to Linden Lodge and first told Mary Horan and then the rest of the staff that she was going to resign her position. As she recalled, “After that meeting,[*325] I went over. I was still in that emotional state, and I said to my staff, T am leaving.’ ” At trial, Mrs. Pena explained these actions by saying, “I was so emotionally disturbed at the time, and being a psychiatric facility they surely should understand it, that I cannot be responsible for what I said.” During the next two weeks or so, William Stearns, the defendant’s director of employee relations, attempted to dissuade Mrs. Pena from resigning just as Mary Hor-an had in fact attempted to do earlier. And, indeed, Mrs. Pena herself began to think that she could work things out, despite the fact that she had decided on her own initiative to move her desk out of the administrator’s office and into the ward.

Although the exact date is somewhat confused, sometime during the week of February 25, Mrs. Pena met once again with Dr. Beach, this time in the presence of Horan and Stearns. Mrs. Pena testified that the meeting was “so horrendous, Dr. Beach was in a chair and he turned his back to me. He addressed everything to Mary Horan.... I was treated as if I were not in the room .... I had to walk out. I was so depressed .... So if this was how I was to be treated as Administrator, I just couldn’t take it and I walked out of the room. And as I walked out Dr. Beach did too. I think he was as upset as I was.” Despite this outburst, Dr. Beach continued to discuss with Mrs. Pena various ways in which she might expand her contemplated role in the operation of the Retreat. Thus, Mrs. Pena suggested that she act as consultant to the Retreat’s new geriatric unit. After consideration, however, Dr. Beach rejected these suggestions on the ground that Mrs. Pena had been having trouble working with the staff, and in particular with Mary Horan. Indeed, it was not until April 2, 1980, that Mrs. Pena formally submitted her resignation. During the interim, she was apparently away from the retreat using accrued vacation time.

Taking her own testimony in the light most favorable to her, it is quite clear that Mrs. Pena has proven neither an explicit nor a constructive discharge. Her own understanding throughout the relevant period was that Dr. Beach wished her to remain with the Retreat, albeit in a somewhat different role as a supervisor of delegated authority. At issue was the relative role of Mrs. Pena and her chosen successor, Mary Horan. Ms. Horan had been hired because Mrs. Pena planned to retire, and all agreed that a new person must be trained. Mrs. Pena’s testimony is riddled with evidence that she thereafter refused to give Ms. Horan meaningful responsibility or to delegate or share duties with her. Mrs. Pena emphasized that the responsibilities of administration were not so burdensome as to afford Ms. Horan full time work unless such a delegation took place. It was Mrs. Pena’s strongly held view that this delegation should await the moment she had chosen. Her employer felt a different time was appropriate. In response, she resigned.

A constructive discharge occurs when the employer, rather than acting directly, “deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” Young v. Southwestern Savings and Loan Assn., 509 F.2d 140, 144 (5th Cir.1975). In determining whether or not a constructive discharge has taken place, “the trier of fact must be satisfied that the ... working conditions would have been so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.” Alicea Rosado v. Garcia Santiago, 562 F.2d 114, 119 (1st Cir.1977); accord, Bourque v. Powell Electrical Mfg. Co., 617 F.2d 61 (5th Cir.1980). The Retreat’s treatment of Mrs. Pena cannot even remotely be described as intolerable. Mrs. Pena was simply asked to train her successor for a year and a half, rather than for the six months she herself envisioned. This was no more than a change in job responsibilities based on a reasonable business decision on the part of the Retreat which was paying Ms. Horan to learn Mrs. Pena’s job. Mrs. Pena was faced with no loss of pay or change in title. Mrs. Pena herself recognized the need to train Mary Horan to take over as administrator and had caused the Retreat to hire Horan and have her in place pending Pena’s planned retirement. The[*326] disagreement was simply over when to begin that training, with Mrs. Pena insisting on her timing rather than Dr. Beach’s. No reasonable person would have found this a compulsion to resign, particularly when members of the administration were asking her to stay on as a general supervisor of Ms. Horan’s work with leeway to pursue her own interest in nursing home-agency relations.

Mrs. Pena’s case in chief proved only that she strongly disagreed with the business judgments of the Retreat and now seeks compensation for the consequences of her own acts. For example, her complaint stresses that she had no offices in the Lodge as an element of alleged intolerable working conditions. Her own testimony, however, was that she voluntarily moved from the office shared with Ms. Horan. Similarly, her declarations that she intended to resign began immediately after her February 13 meeting with Dr. Beach and amply reflect her overreaction to a reasonable business decision of her employer. The ADEA does not protect employees who resign in protest against business decisions of this type and the motion for a directed verdict at the close of the plaintiff’s case in chief should have been granted.

Reversed.

1

. We have examined the evidence offered by the defendant and have found nothing which bolsters Mrs. Pena’s claim. To the contrary, the defendant’s evidence further exposes the fatal infirmities in her case in chief.