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2574 REVIEW DENIED Failure to promote an employee, even for reasons based on unlawful discrimination, does not result in a constructive discharge; however, damages resulting from discriminatory failure to promote an employee may include an earnings differential for periods before and after the employee's separation from the employment, and if the discrimination was activated by malice, fraud, or oppression, punitive damages may be awarded.
CLOUD v CASEY (Female Controller) 76 CA4 895 [See: Turner v Anheuser-Busch 7 C4 1238, T/AT 8/94; Satterwhite v Smith 744 F2 1380; Commodore v Superior Court 32 C3 211; College Hosp v Superior Court 8 C4 704, T/AT 12/94]
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