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.
Constructive Discharge: Third, Second Circuit Split
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.
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