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Constructive Discharge: Third, Second Circuit Split

By ALM Staff | Law Journal Newsletters |
August 27, 2003

The Third Circuit ruled, contrary to the position taken by the Second Circuit, that a constructive discharge is a 'tangible employment action' precluding the assertion of an affirmative defense to liability under established federal law. Suders v. Easton, 325 F.3d 432 (3d Cir. 4/16/03).

Plaintiff in this case alleged that she was forced to resign from a position with the Pennsylvania State police based on a sexually hostile work environment. She complained to the State police equal employment opportunity officer, who was unhelpful and unresponsive. According to plaintiff, the work environment deteriorated, and she alleged that she was set up on trumped up theft charges. Indeed, she was detained temporarily as a suspect. Subsequent to that, plaintiff resigned. She then sued on sex harassment grounds and argued that she was constructively discharged.

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