Ellerth/Faragher Defense Available to Defeat Most Constructive Discharge Claims

On June 14, 2004, the United States Supreme Court decided Pennsylvania State Police v. Suders, a sexual harassment case alleging constructive discharge. Nancy Drew Suders quit her job as a police communications operator, allegedly because her male supervisors had barraged her with vulgar sexual commentary and obscene sexual gestures over a period of five months. But Suders never reported harassment through the available channels.

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