8. Rotert had been working as a mortgage processing officer when the company told her that her duties were being changed to those of a loan consultant and that she would be transferred to another branch. The company told the fifty-nine-year-old Rotert her salary would be the same. Rotert protested the new work assignment and resigned.

She filed a claim for unemployment benefits, which was denied because she was not “constructively discharged” due to the new assignment. Rather, the state agency held, she had voluntarily quit. When Rotert filed an ADEA complaint, again stating that she was constructively discharged in favor of a younger employee who took her former job as mortgage processing officer, the company argued for dismissal because the issue of “constructive discharge” had already been decided against her by the state agency.

How should the court rule? See Rotert v.

Jefferson Federal Savings & Loan Ass’n. [623 F.

Supp. 1114 (D. Conn. 1985)].