pennsylvania
state
police
suders
argued
march
decided
june
counsel
record
petitioner
pennsylvania
state
police
john
george
knorr
iii
pennsylvania
attorney
general
office
harrisburg
pa
respondent
suders
donald
bailey
harrisburg
pa
march
pennsylvania
state
police
psp
hired
suders
work
police
communications
operator
mcconnellsburg
barracks
male
supervisors
subjected
continuous
barrage
sexual
harassment
june
suders
told
psp
equal
employment
opportunity
officer
virginia
might
need
help
neither
woman
followed
conversation
two
months
later
suders
contacted
time
reporting
harassed
afraid
told
suders
file
complaint
tell
obtain
necessary
form
two
days
later
suders
supervisors
arrested
theft
exam
papers
suders
removed
papers
concluding
supervisors
falsely
reported
repeatedly
failed
fact
exams
never
forwarded
grading
suders
resigned
force
sued
psp
alleging
inter
alia
subjected
sexual
harassment
constructively
discharged
violation
title
vii
civil
rights
act
district
granted
psp
motion
summary
judgment
although
recognizing
suders
testimony
permit
fact
trier
conclude
supervisors
created
hostile
work
environment
nevertheless
held
psp
vicariously
liable
supervisors
conduct
support
decision
district
referred
faragher
boca
raton
case
burlington
industries
ellerth
decided
day
held
employer
strictly
liable
supervisor
harassment
culminates
tangible
employment
action
discharge
demotion
undesirable
reassignment
tangible
action
taken
decisions
also
hold
employer
may
raise
affirmative
defense
liability
prevail
basis
defense
employer
must
prove
exercised
reasonable
care
prevent
correct
promptly
sexually
harassing
behavior
employee
unreasonably
failed
take
advantage
preventive
corrective
opportunities
provided
employer
avoid
harm
otherwise
ibid
suders
hostile
work
environment
claim
untenable
matter
law
district
stated
unreasonably
failed
avail
psp
internal
antiharassment
procedures
address
suders
constructive
discharge
claim
third
circuit
reversed
remanded
case
trial
appeals
disagreed
district
two
key
respects
first
even
psp
assert
affirmative
defense
genuine
issues
material
fact
existed
effectiveness
psp
program
address
sexual
harassment
claims
second
suders
stated
claim
constructive
discharge
due
hostile
work
environment
appeals
ruled
constructive
discharge
proved
constitutes
tangible
employment
action
renders
employer
strictly
liable
precludes
recourse
affirmative
defense
held
establish
constructive
discharge
plaintiff
alleging
sexual
harassment
must
show
abusive
working
environment
became
intolerable
resignation
qualified
fitting
response
employer
may
assert
affirmative
defense
claim
unless
plaintiff
quit
reasonable
response
adverse
action
officially
changing
employment
status
situation
humiliating
demotion
extreme
cut
pay
transfer
position
face
unbearable
working
conditions
pp
constructive
discharge
doctrine
employee
reasonable
decision
resign
unendurable
working
conditions
assimilated
formal
discharge
remedial
purposes
inquiry
objective
working
conditions
become
intolerable
reasonable
person
employee
position
felt
compelled
resign
doctrine
developed
national
labor
relations
board
nlrb
solidly
established
lower
federal
courts
title
vii
enacted
agrees
title
vii
encompasses
employer
liability
constructive
discharge
pp
case
concerns
employer
liability
one
subset
constructive
discharge
claims
resulting
sexual
harassment
hostile
work
environment
attributable
supervisor
starting
point
framework
decisions
delineate
two
categories
sexual
harassment
claims
alleging
tangible
employment
action
employers
may
held
strictly
liable
asserting
tangible
employment
action
case
employers
may
assert
affirmative
defense
ellerth
key
issues
category
constructive
discharge
claims
fall
proof
burdens
parties
bear
cases
ellerth
faragher
invoked
principle
drawn
agency
law
employer
liable
acts
agent
agent
aided
accomplishing
tort
existence
agency
relation
supervisor
engaged
harassing
conduct
takes
tangible
employment
action
subordinate
reasoned
beyond
question
supervisor
aided
agency
relation
tangible
employment
action
stated
official
act
enterprise
fall
within
special
province
supervisor
contrast
supervisor
harassment
culminate
tangible
employment
action
ellerth
faragher
explained
less
obvious
agency
relation
driving
force
also
recognized
liability
limitation
linked
employer
effort
install
effective
grievance
procedures
employee
effort
report
harassing
behavior
advance
title
vii
conciliation
deterrence
purposes
accordingly
held
tangible
employment
action
taken
employer
may
defeat
vicarious
liability
supervisor
harassment
establishing
affirmative
defense
defense
observed
accommodates
avoidable
consequences
doctrine
title
vii
borrows
tort
law
requiring
plaintiffs
reasonably
stave
avoidable
harm
ellerth
faragher
clarify
however
defending
employer
bears
burden
prove
unreasonably
failed
avoid
reduce
harm
faragher
pp
constructive
discharge
issue
stems
regarded
aggravated
case
sexual
harassment
hostile
work
environment
atmosphere
harassment
hostility
actionable
offending
behavior
must
sufficiently
severe
pervasive
alter
victim
employment
conditions
create
abusive
working
environment
meritor
savings
bank
fsb
vinson
constructive
discharge
claim
entails
something
working
conditions
intolerable
reasonable
person
felt
compelled
resign
suders
claim
genre
claims
analyzed
ellerth
faragher
essentially
suders
presents
worse
case
harassment
scenario
harassment
ratcheted
breaking
point
like
harassment
considered
ellerth
faragher
harassment
intolerable
cause
resignation
may
effected
conduct
unofficial
supervisory
conduct
official
company
acts
unlike
actual
termination
always
effected
official
company
act
constructive
discharge
may
may
involve
official
action
extent
agency
relationship
aided
supervisor
misconduct
less
certain
uncertainty
justifies
affording
employer
chance
establish
affirmative
defense
held
vicariously
liable
third
circuit
erred
drawing
line
differently
pp
third
circuit
qualified
holding
constructive
discharge
constitutes
tangible
employment
action
ellerth
faragher
affirmative
defense
delineated
cases
noted
might
imported
anterior
issue
whether
employee
decision
resign
reasonable
circumstances
however
appeals
left
open
considerations
brought
home
fact
trier
appeals
address
specifically
allocation
pleading
persuasion
burdens
simply
relied
wisdom
expertise
trial
judges
exercise
gatekeeping
authority
assessing
whether
none
evidence
relating
employers
antiharassment
programs
employees
exploration
alternative
avenues
warrants
introduction
trial
cause
leaving
district
courts
thus
unguided
following
ellerth
faragher
plaintiff
alleges
tangible
employment
action
duty
mitigate
harm
defendant
bears
burden
allege
prove
plaintiff
failed
regard
pp
although
third
circuit
correctly
ruled
case
current
posture
presents
genuine
issues
material
fact
concerning
suders
hostile
work
environment
constructive
discharge
claims
erred
declaring
affirmative
defense
described
ellerth
faragher
never
available
constructive
discharge
cases
vacated
remanded
ginsburg
delivered
opinion
rehnquist
stevens
scalia
kennedy
souter
breyer
joined
thomas
filed
dissenting
opinion
pennsylvania
state
police
petitioner
nancy
drew
suders
writ
certiorari
appeals
third
circuit
june
justice
ginsburg
delivered
opinion
nancy
drew
suders
alleged
sexually
harassing
conduct
supervisors
officers
pennsylvania
state
police
psp
severity
forced
resign
question
presented
concerns
proof
burdens
parties
bear
sexual
discharge
claim
character
asserted
title
vii
civil
rights
act
establish
hostile
work
environment
plaintiffs
like
suders
must
show
harassing
behavior
sufficiently
severe
pervasive
alter
conditions
employment
meritor
savings
bank
fsb
vinson
internal
quotation
marks
omitted
see
harris
forklift
systems
fact
discriminatory
conduct
severe
pervasive
created
work
environment
abusive
employees
gender
offends
title
vii
broad
rule
workplace
beyond
hold
establish
constructive
discharge
plaintiff
must
make
showing
must
show
abusive
working
environment
became
intolerable
resignation
qualified
fitting
response
employer
may
defend
claim
showing
installed
readily
accessible
effective
policy
reporting
resolving
complaints
sexual
harassment
plaintiff
unreasonably
failed
avail
preventive
remedial
apparatus
affirmative
defense
available
employer
however
plaintiff
quits
reasonable
response
adverse
action
officially
changing
employment
status
situation
example
humiliating
demotion
extreme
cut
pay
transfer
position
face
unbearable
working
conditions
ruling
today
follow
path
marked
decisions
burlington
industries
ellerth
faragher
boca
raton
case
decided
suders
district
psp
motion
summary
judgment
recite
facts
summarized
appeals
light
favorable
march
psp
hired
suders
police
tions
operator
mcconnellsburg
barracks
suders
easton
suders
supervisors
sergeant
eric
easton
station
commander
mcconnellsburg
barracks
patrol
corporal
william
baker
corporal
eric
prendergast
ibid
three
supervisors
subjected
suders
continuous
barrage
sexual
harassment
ceased
resigned
force
ibid
easton
bring
subject
people
sex
animals
time
suders
entered
office
ibid
internal
quotation
marks
omitted
told
prendergast
front
suders
young
girls
given
instruction
gratify
men
oral
sex
ibid
easton
also
sit
near
suders
wearing
spandex
shorts
spread
legs
apart
ibid
apparently
imitating
move
popularized
television
wrestling
baker
repeatedly
made
obscene
gesture
suders
presence
grabbing
genitals
shouting
vulgar
comment
inviting
oral
sex
baker
made
gesture
many
times
per
night
throughout
suders
employment
barracks
ibid
suders
told
baker
id
think
baker
responded
jumping
chair
performing
gesture
accompanying
vulgarity
ibid
baker
rub
rear
end
front
remark
nice
ass
ibid
prendergast
told
suders
village
idiot
wearing
black
gloves
pound
furniture
intimidate
june
prendergast
accused
suders
taking
missing
accident
file
home
incident
suders
approached
psp
equal
employment
opportunity
officer
virginia
told
might
need
help
ibid
gave
suders
telephone
number
neither
woman
followed
conversation
ibid
august
suders
contacted
time
stating
harassed
afraid
ibid
told
suders
file
complaint
tell
obtain
necessary
form
response
manner
conveyed
appeared
suders
insensitive
unhelpful
ibid
two
days
later
suders
supervisors
arrested
theft
suders
resigned
force
theft
arrest
occurred
following
circumstances
suders
several
times
taken
exam
satisfy
psp
job
requirement
time
suders
supervisors
told
failed
suders
one
day
came
upon
exams
set
drawers
women
locker
room
concluded
supervisors
never
forwarded
tests
grading
reports
failures
false
ibid
regarding
tests
property
suders
removed
locker
room
ibid
app
upon
finding
exams
removed
suders
supervisors
devised
plan
arrest
theft
officers
dusted
drawer
exams
stored
powder
turns
hands
blue
touched
anticipated
easton
baker
prendergast
suders
attempted
return
tests
drawer
whereupon
hands
turned
telltale
blue
ibid
supervisors
apprehended
handcuffed
photographed
blue
hands
commenced
question
ibid
suders
previously
prepared
written
resignation
tendered
soon
supervisors
detained
ibid
nevertheless
supervisors
initially
refused
release
instead
brought
interrogation
room
gave
warnings
miranda
arizona
continued
question
ibid
suders
reiterated
wanted
resign
easton
let
leave
ibid
psp
never
brought
theft
charges
september
suders
sued
psp
federal
district
alleging
inter
alia
subjected
sexual
harassment
constructively
discharged
violation
title
vii
civil
rights
act
stat
et
seq
app
close
discovery
district
granted
psp
motion
summary
judgment
suders
testimony
district
recognized
sufficed
permit
trier
fact
conclude
supervisors
created
hostile
work
environment
app
pet
cert
nevertheless
held
psp
vicariously
liable
supervisors
conduct
concluding
district
referred
decision
faragher
boca
raton
see
app
pet
cert
faragher
along
burlington
industries
ellerth
decided
day
distinguished
supervisor
harassment
unaccompanied
adverse
official
act
supervisor
harassment
attended
tangible
employment
action
accord
faragher
decisions
hold
employer
strictly
liable
supervisor
harassment
culminates
tangible
employment
action
discharge
demotion
undesirable
reassignment
ellerth
accord
faragher
tangible
employment
action
taken
decisions
also
hold
employer
may
raise
affirmative
defense
liability
subject
proof
preponderance
evidence
defense
comprises
two
necessary
elements
employer
exercised
reasonable
care
prevent
correct
promptly
sexually
harassing
behavior
plaintiff
employee
unreasonably
failed
take
advantage
preventive
corrective
opportunities
provided
employer
avoid
harm
otherwise
ellerth
accord
faragher
suders
hostile
work
environment
claim
untenable
matter
law
district
stated
unreasonably
failed
avail
psp
internal
procedures
reporting
harassment
app
pet
cert
resigning
two
days
first
mentioned
anything
harassment
equal
employment
opportunity
officer
noted
suders
never
given
psp
opportunity
respond
complaints
ibid
district
address
suders
constructive
discharge
appeals
third
circuit
reversed
remanded
case
disposition
merits
third
circuit
agreed
district
suders
presented
evidence
sufficient
trier
fact
conclude
supervisors
engaged
pattern
sexual
harassment
pervasive
regular
appeals
disagreed
district
two
fundamental
respects
first
appeals
held
even
assuming
psp
assert
affirmative
defense
described
ellerth
faragher
genuine
issues
material
fact
existed
concerning
effectiveness
psp
program
address
sexual
harassment
claims
second
appeals
held
district
erred
failing
recognize
suders
stated
claim
constructive
discharge
due
hostile
work
environment
plaintiff
alleging
constructive
discharge
violation
title
vii
appeals
stated
must
establish
suffered
harassment
discrimination
intolerable
reasonable
person
position
felt
compelled
resign
employee
reaction
workplace
situation
decision
resign
reasonable
given
totality
circumstances
viewing
complaint
context
determined
suders
raised
genuine
issues
material
fact
relating
claim
constructive
discharge
appeals
made
ruling
challenged
held
constructive
discharge
proved
constitutes
tangible
employment
action
ellerth
faragher
observed
action
renders
employer
strictly
liable
precludes
employer
recourse
affirmative
defense
announced
decisions
third
circuit
recognized
courts
appeals
second
sixth
circuits
ruled
otherwise
constructive
discharge
resulting
hostile
work
environment
circuits
held
qualify
tangible
employment
action
therefore
stop
employer
invoking
affirmative
defense
citing
caridad
commuter
turner
dowbrands
wl
june
unpublished
third
circuit
however
reasoned
constructive
discharge
significant
change
employment
status
ending
relationship
also
inflicts
type
economic
tangible
employment
actions
ellerth
faragher
offered
way
example
discharge
demotion
undesirable
reassignment
quoting
ellerth
satisfied
suders
raised
genuine
issues
material
fact
claim
constructive
discharge
psp
precluded
asserting
affirmative
defense
liability
advanced
support
motion
summary
judgment
appeals
remanded
suders
title
vii
claim
trial
granted
certiorari
resolve
disagreement
among
circuits
question
whether
constructive
discharge
brought
supervisor
harassment
ranks
tangible
employment
action
therefore
precludes
assertion
affirmative
defense
articulated
ellerth
faragher
compare
constructive
discharge
qualifies
tangible
employment
action
jaros
lodgenet
entertainment
caridad
constructive
discharge
qualify
tangible
employment
action
turner
wl
reed
mbna
marketing
systems
constructive
discharge
qualifies
tangible
employment
action
effected
supervisor
official
act
robinson
sappington
conclude
employer
recourse
affirmative
defense
supervisor
official
act
precipitates
constructive
discharge
absent
tangible
employment
action
however
defense
available
employer
whose
supervisors
charged
harassment
therefore
vacate
third
circuit
judgment
remand
case
proceedings
ii
constructive
discharge
doctrine
employee
reasonable
decision
resign
unendurable
working
conditions
assimilated
formal
discharge
remedial
purposes
see
lindemann
grossman
employment
discrimination
law
ed
hereinafter
lindemann
grossman
inquiry
objective
working
conditions
become
intolerable
reasonable
person
employee
position
felt
compelled
resign
see
weirich
et
cumulative
supplement
lindemann
grossman
collecting
cases
hereinafter
weirich
constructive
discharge
concept
originated
field
national
labor
relations
board
nlrb
developed
doctrine
address
situations
employers
coerced
employees
resign
often
creating
intolerable
working
conditions
retaliation
employees
engagement
collective
activities
lieb
constructive
discharge
section
national
labor
relations
act
study
undue
concern
motives
indus
rel
see
sterling
corset
first
case
use
term
constructive
discharg
next
two
decades
courts
appeals
sustained
nlrb
constructive
discharge
rulings
see
nlrb
east
texas
motor
freight
lines
first
circuit
case
hold
resignation
unfair
labor
practice
nlrb
shoe
first
circuit
case
allow
backpay
award
constructive
discharge
year
title
vii
enacted
doctrine
solidly
established
federal
courts
see
comment
quit
returning
first
principles
constructive
discharge
doctrine
berkeley
emp
lab
courts
appeals
recognized
constructive
discharge
claims
wide
range
title
vii
cases
see
robinson
sexual
harassment
moore
kuka
welding
systems
robot
race
best
oil
pregnancy
amirmokri
baltimore
gas
elec
national
origin
derr
gulf
oil
sex
young
southwestern
sav
loan
religion
see
also
goss
exxon
office
systems
pplication
constructive
discharge
doctrine
title
vii
cases
received
apparently
universal
recognition
among
courts
appeals
addressed
issue
larson
labor
employment
law
collecting
cases
equal
employment
opportunity
commission
eeoc
federal
agency
charged
implementing
title
vii
stated
employer
responsible
constructive
discharge
manner
responsible
outright
discriminatory
discharge
charging
party
eeoc
compliance
manual
although
occasion
earlier
hold
claim
constructive
discharge
lies
title
vii
recognized
constructive
discharge
context
see
nlrb
nlrb
may
find
employer
engaged
unfair
labor
practice
purpose
discouraging
union
activity
employer
creates
working
conditions
intolerable
employee
option
resign
discharge
furthermore
stated
title
vii
violated
either
explicit
constructive
alterations
terms
conditions
employment
ellerth
see
also
meritor
savings
bank
fsb
vinson
phrase
conditions
privileges
employment
title
vii
evinces
congressional
intent
strike
entire
spectrum
disparate
treatment
men
women
employment
internal
quotation
marks
omitted
agree
lower
courts
eeoc
title
vii
encompasses
employer
liability
constructive
discharge
case
concerns
employer
liability
one
subset
title
vii
constructive
discharge
claims
constructive
discharge
resulting
sexual
harassment
hostile
work
environment
attributable
supervisor
starting
point
framework
ellerth
faragher
established
govern
employer
liability
sexual
harassment
earlier
noted
see
supra
decisions
delineate
two
categories
hostile
work
environment
claims
harassment
culminates
tangible
employment
action
employers
strictly
liable
ellerth
accord
faragher
harassment
takes
place
absence
tangible
employment
action
employers
may
assert
affirmative
defense
ellerth
accord
faragher
background
set
mind
turn
key
issues
stake
category
constructive
discharge
claims
fall
proof
burdens
parties
bear
cases
ellerth
faragher
sought
hold
employers
vicariously
liable
sexual
harassment
supervisors
even
though
plaintiffs
suffer
ed
adverse
tangible
job
consequences
ellerth
setting
framework
employer
liability
decisions
noted
title
vii
definition
employer
includes
employer
agent
see
ellerth
viewed
definition
direction
interpret
title
vii
based
agency
principles
ibid
restatement
second
agency
hereinafter
restatement
noted
formulation
employer
liable
acts
agent
agent
aided
accomplishing
tort
existence
agency
relation
ellerth
quoting
restatement
accord
faragher
identified
class
cases
beyond
question
mere
existence
employment
relation
aids
commission
harassment
supervisor
takes
tangible
employment
action
subordinate
ellerth
tangible
employment
action
explained
constitutes
significant
change
employment
status
hiring
firing
failing
promote
reassignment
significantly
different
responsibilities
decision
causing
significant
change
benefits
unlike
injuries
equally
inflicted
stated
tangible
employment
actions
fall
within
special
province
supervisor
empowered
company
agent
make
economic
decisions
affecting
employees
control
tangible
employment
action
elaborated
essential
character
official
act
enterprise
company
act
ibid
means
supervisor
brings
official
power
enterprise
bear
subordinates
ibid
often
supervisor
use
company
internal
processes
thereby
obtain
imprimatur
enterprise
ibid
ordinarily
tangible
employment
decision
documented
official
company
records
may
subject
review
higher
level
supervisors
ibid
sum
stated
supervisor
takes
tangible
employment
action
subordinate
implausible
interpret
agency
principles
allow
employer
escape
liability
supervisor
harassment
subordinate
culminate
tangible
employment
action
next
explained
less
obvious
agency
relation
driving
force
acknowledged
supervisor
power
authority
invests
harassing
conduct
particular
threatening
character
sense
supervisor
always
aided
agency
relation
ibid
also
recognized
acts
harassment
supervisor
might
commit
might
acts
coemployee
commit
may
circumstances
supervisor
status
mak
little
difference
ibid
standard
suggested
insufficiently
developed
press
service
standard
governing
cases
tangible
employment
action
picture
looking
elsewhere
guidance
focused
title
vii
design
encourage
creation
antiharassment
policies
effective
grievance
mechanisms
reasoned
tying
liability
standard
employer
effort
install
effective
grievance
procedures
advance
congress
purpose
promote
conciliation
rather
litigation
title
vii
controversies
ibid
time
linkage
liability
limitation
effective
preventive
corrective
measures
serve
title
vii
deterrent
purpose
encourag
ing
employees
report
harassing
conduct
becomes
severe
pervasive
ibid
accordingly
held
tangible
employment
action
taken
employer
may
defeat
vicarious
liability
supervisor
harassment
establishing
affirmative
defense
employer
exercised
reasonable
care
prevent
correct
promptly
sexually
harassing
behavior
plaintiff
employee
unreasonably
failed
take
advantage
preventive
corrective
opportunities
provided
employer
avoid
harm
otherwise
accord
faragher
ellerth
faragher
also
clarified
parties
respective
proof
burdens
hostile
environment
cases
title
vii
noted
borrows
tort
law
avoidable
consequences
doctrine
ellerth
affirmative
defense
accommodates
doctrine
requiring
plaintiffs
reasonably
stave
avoidable
harm
decisions
place
burden
squarely
defendant
prove
plaintiff
unreasonably
failed
avoid
reduce
harm
ellerth
accord
faragher
cf
mccormick
law
damages
defendant
burden
persuading
factfinder
plaintiff
reasonably
reduced
loss
avoided
injurious
consequences
constructive
discharge
issue
stems
regarded
aggravated
case
sexual
harassment
hostile
work
environment
atmosphere
sexual
harassment
hostility
actionable
reiterate
see
supra
offending
behavior
must
sufficiently
severe
pervasive
alter
conditions
victim
employment
create
abusive
working
environment
meritor
internal
quotation
marks
brackets
omitted
constructive
discharge
claim
entails
something
plaintiff
advances
compound
claim
must
show
working
conditions
intolerable
reasonable
person
felt
compelled
resign
see
breeding
arthur
gallagher
lthough
may
evidence
jury
find
sexual
harassment
facts
alleged
constructive
discharge
must
intolerable
reasonable
person
forced
quit
perry
harris
chernin
nless
conditions
beyond
discrimination
complaining
employee
expected
remain
job
seeking
redress
suders
claim
genre
hostile
work
environment
claims
analyzed
ellerth
essentially
suders
presents
worse
case
harassment
scenario
harassment
ratcheted
breaking
point
like
harassment
considered
pathmarking
decisions
harassment
intolerable
cause
resignation
may
effected
conduct
unofficial
supervisory
conduct
official
company
acts
unlike
actual
termination
always
effected
official
act
company
constructive
discharge
need
constructive
discharge
involves
employee
decision
leave
precipitating
conduct
former
involves
official
action
latter
like
harassment
claim
without
constructive
discharge
assertion
may
may
involve
official
action
see
brief
amicus
curiae
sure
constructive
discharge
functionally
actual
termination
respects
see
supra
third
circuit
observed
en
relationship
inflic
direct
economic
harm
internal
quotation
marks
omitted
official
act
underlie
constructive
discharge
ellerth
faragher
analysis
hold
calls
extension
affirmative
defense
employer
leading
decisions
indicate
official
directions
declarations
acts
likely
brought
home
employer
measures
employer
exercise
greatest
control
see
ellerth
absent
official
act
enterprise
last
straw
employer
ordinarily
particular
reason
suspect
resignation
typical
kind
daily
occurring
work
force
ellerth
faragher
point
official
act
reflected
company
records
demotion
reduction
compensation
example
shows
beyond
question
supervisor
used
managerial
controlling
position
employee
disadvantage
see
ellerth
absent
official
act
extent
supervisor
misconduct
aided
agency
relation
earlier
recounted
see
supra
less
certain
uncertainty
precedent
establishes
see
supra
justifies
affording
employer
chance
establish
affirmative
defense
held
vicariously
liable
third
circuit
drew
line
differently
formulation
affirmative
defense
eliminated
constructive
discharge
cases
retained
ellerth
faragher
require
ordinary
hostile
work
environment
cases
cases
involving
tangible
employment
action
placement
line
anomalously
make
graver
claim
constructive
discharge
easier
prove
lesser
included
component
hostile
work
environment
moreover
third
circuit
formulation
recognized
make
matters
complex
indeed
little
confusing
jurors
creation
hostile
work
environment
necessary
predicate
constructive
discharge
case
juries
informed
third
circuit
decision
jury
presumably
cautioned
consider
evidence
reaching
decision
hostile
work
environment
claim
ignore
least
downplay
evidence
deciding
closely
associated
constructive
discharge
claim
makes
scant
sense
thus
alter
decisive
instructions
one
claim
next
variation
two
claims
severity
hostile
working
conditions
cf
faragher
affirming
virtue
categorical
clarity
note
finally
two
recent
appeals
decisions
indicate
official
act
tangible
employment
action
criterion
play
constructive
discharge
alleged
decisions
advance
untangled
approach
approve
opinion
reed
mbna
marketing
systems
plaintiff
claimed
constructive
discharge
based
supervisor
repeated
sexual
comments
incident
sexually
assaulted
first
circuit
held
alleged
wrongdoing
preclude
employer
asserting
affirmative
defense
explained
reed
supervisor
behavior
involved
official
actions
unlike
extremely
dangerous
job
assignment
retaliate
spurned
advances
supervisor
conduct
reed
exceedingly
unofficial
involved
direct
exercise
company
authority
indeed
exactly
kind
wholly
unauthorized
conduct
affirmative
defense
designed
ibid
contrast
robinson
sappington
plaintiff
complained
sexually
harassed
judge
worked
presiding
judge
decided
transfer
another
judge
told
first
six
months
new
post
probably
interest
resign
seventh
circuit
held
employer
precluded
asserting
affirmative
defense
plaintiff
constructive
discharge
claim
robinson
plaintiff
decision
resign
explained
resulted
least
part
presiding
judge
official
actio
transferring
judge
resisted
placing
staff
courts
reed
robinson
properly
recognized
ellerth
faragher
divided
universe
claims
according
presence
absence
official
act
mark
path
constructive
discharge
claims
based
harassing
conduct
must
follow
summation
third
circuit
qualified
holding
constructive
discharge
constitutes
tangible
employment
action
within
meaning
ellerth
faragher
affirmative
defense
ellerth
faragher
delineated
said
might
imported
anterior
issue
whether
employee
decision
resign
reasonable
circumstances
third
circuit
expressed
thinking
may
relevant
claim
constructive
discharge
whether
employer
effective
remedial
scheme
place
whether
employer
attempted
investigate
otherwise
address
plaintiff
complaints
whether
plaintiff
took
advantage
alternatives
offered
antiharassment
programs
ibid
considerations
third
circuit
recognized
course
considerations
relevant
affirmative
defense
ellerth
faragher
ibid
third
circuit
left
open
considerations
brought
home
fact
trier
address
specifically
allocation
pleading
persuasion
burdens
simply
relied
wisdom
expertise
trial
judges
exercise
gatekeeping
authority
assessing
whether
none
evidence
relating
employers
antiharassment
programs
employees
exploration
alternative
avenues
warrants
introduction
trial
see
cause
leaving
district
courts
thus
unguided
following
ellerth
faragher
plaintiff
alleges
tangible
employment
action
duty
mitigate
harm
defendant
bears
burden
allege
prove
plaintiff
failed
regard
see
supra
plaintiff
might
elect
allege
facts
relevant
mitigation
pleading
present
facts
case
chief
anticipation
employer
affirmative
defense
legal
requirement
agree
third
circuit
case
current
posture
presents
genuine
issues
material
fact
concerning
suders
hostile
work
environment
constructive
discharge
hold
however
appeals
erred
declaring
affirmative
defense
described
ellerth
faragher
never
available
constructive
discharge
cases
accordingly
vacate
third
circuit
judgment
remand
case
proceedings
consistent
opinion
ordered
pennsylvania
state
police
petitioner
nancy
drew
suders
writ
certiorari
appeals
third
circuit
june
justice
thomas
dissenting
explains
national
labor
relations
board
nlrb
developed
concept
constructive
discharge
address
situations
employers
coerced
employees
resigning
employees
involvement
union
activities
see
ante
light
specific
focus
nlrb
requires
employees
establish
two
elements
prove
constructive
discharge
first
employer
must
impose
burdens
upon
employee
cause
intended
cause
change
working
conditions
difficult
unpleasant
force
resign
second
must
shown
burdens
imposed
employee
union
activities
crystal
princeton
refining
constructive
discharge
concept
first
imported
title
vii
civil
rights
act
courts
imposed
similar
requirements
see
muller
steel
requiring
showing
employer
deliberately
render
ed
employee
working
conditions
intolerable
thus
force
quit
job
moreover
yet
recognized
hostile
work
environment
cause
action
first
successful
title
vii
constructive
discharge
claims
typically
involved
adverse
employment
actions
see
muller
supra
denial
job
promotion
derr
gulf
oil
demotion
order
establish
constructive
discharge
employee
must
prove
employer
subjected
adverse
employment
action
specific
intent
forcing
employee
quit
makes
sense
attach
legal
consequences
constructive
discharge
actual
discharge
adopted
definition
constructive
discharge
however
least
resemble
actual
discharge
holds
establish
constructive
discharge
plaintiff
must
show
abusive
working
environment
became
intolerable
employee
resignation
qualified
fitting
response
ante
rule
possible
allege
constructive
discharge
absent
adverse
employment
action
moreover
majority
courts
appeals
declined
impose
specific
intent
reasonable
foreseeability
requirement
see
brooks
city
san
mateo
onstructive
discharge
occurs
working
conditions
deteriorate
result
discrimination
point
become
sufficiently
extraordinary
egregious
overcome
normal
motivation
competent
diligent
reasonable
employee
remain
job
earn
livelihood
serve
employer
internal
quotation
marks
citation
omitted
thus
currently
conceived
constructive
discharge
require
company
act
performed
exercise
specific
authority
granted
employer
burlington
industries
ellerth
thomas
dissenting
adverse
employment
action
require
act
undertaken
purpose
actual
discharge
circumstances
longer
makes
sense
view
constructive
discharge
equivalent
actual
discharge
instead
points
constructive
discharge
akin
aggravated
case
sexual
harassment
hostile
work
environment
ante
hostile
work
environment
plus
framework
proper
standard
determining
employer
liability
standard
hostile
work
environment
claims
articulated
burlington
industries
supra
employer
liable
plaintiff
proves
employer
negligent
permitting
supervisor
conduct
occur
supervisor
takes
adverse
employment
action
sex
directly
results
constructive
discharge
employer
vicariously
liable
alleged
constructive
discharge
results
hostile
work
environment
employer
liable
negligent
ibid
respondent
adduced
sufficient
evidence
adverse
employment
action
taken
sex
proffered
evidence
petitioner
knew
known
alleged
harassment
reverse
judgment
appeals
footnotes
psp
note
vigorously
dispute
truth
suders
allegations
contending
incidents
describes
never
happened
others
took
place
context
quite
different
suggested
suders
brief
petitioner
addition
supervisors
made
derogatory
remarks
suders
age
stating
catch
calling
harassed
political
influence
ibid
suders
age
discrimination
claims
us
suders
raised
several
claims
issue
including
claims
age
discrimination
employment
act
adea
stat
et
pennsylvania
human
relations
act
phra
stat
tit
et
seq
purdon
app
also
asserted
claims
easton
baker
prendergast
individual
capacities
title
vii
adea
phra
app
pet
cert
district
disposed
claims
psp
favor
granted
psp
summary
judgment
suders
title
vii
retaliation
claim
observing
suders
engage
protected
activity
file
discrimination
claim
prior
resignation
dismissed
suders
adea
phra
claims
psp
sovereign
immunity
grounds
title
vii
adea
claims
individual
defendants
ground
statutes
provide
individual
liability
also
dismissed
phra
claims
individual
defendants
suders
failed
respond
defendants
assertions
immunity
suders
raise
claims
appeal
see
brief
appellant
brief
appellees
although
suders
complaint
expressly
mention
constructive
discharge
third
circuit
found
allegations
constructive
discharge
apparent
face
suders
pleading
see
ibid
first
paragraph
suders
alleged
suffer
termination
employment
yield
sexual
suggestions
innuendoes
quoting
introductory
statement
suders
complaint
reprinted
app
ellerth
faragher
expressed
view
employer
liability
standard
harassment
employer
best
position
know
remedial
procedures
offers
employees
procedures
operate
see
wigmore
evidence
chadbourn
rev
ed
burden
proving
fact
said
put
party
presumably
peculiar
means
knowledge
enabling
prove
falsity
false
emphasis
deleted
earlier
noted
see
supra
prevailing
constructive
discharge
plaintiff
entitled
damages
available
formal
discharge
plaintiff
may
recover
postresignation
damages
including
backpay
fitting
circumstances
frontpay
see
lindemann
grossman
weirich
well
compensatory
punitive
damages
provided
title
vii
claims
generally
see
pollard
du
pont
de
nemours
noting
expanded
remedies
civil
rights
act
ellerth
faragher
plaintiffs
resigned
posts
plaintiff
ellerth
expressly
alleged
constructive
discharge
see
burlington
industries
ellerth
faragher
boca
raton
although
ellerth
constructive
discharge
claim
decision
omission
constructive
discharge
examples
tangible
employment
actions
conspicuous
see
brief
chamber
commerce
amicus
curiae
omission
constructive
discharge
discussion
tangible
employment
actions
widely
regarded
purposeful
tellingly
stated
ellerth
ha
alleged
suffered
tangible
employment
action
despite
fact
complaint
alleged
constructive
discharge
similar
expressions
see
jaros
lodgenet
entertainment
though
entitled
affirmative
defense
employer
facing
constructive
discharge
complaint
may
assert
plaintiff
give
chance
respond
grievance
rebutting
plaintiff
contention
conditions
intolerable
force
resignation
marrero
goya
puerto
rico
jury
reasonably
take
account
employer
responded
plaintiff
complaints
deciding
whether
conditions
intolerable
hartman
sterling
civ
wl
ed
noting
relevant
dispositive
whether
plaintiff
complained
brief
lawyers
committee
civil
rights
law
et
al
amici
curiae
affirmative
defense
unnecessary
overlap
elements
constructive
discharge
affirmative
defense
although
discriminatory
behavior
suders
alleged
involved
unofficial
conduct
events
surrounding
exams
see
supra
less
obviously
unofficial