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.

5 minute read August 27, 2003 at 03:47 PM
By
ALM Staff and Law Journal Newsletters
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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