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Constructive Discharges Resulting from Sexual Harassment

By Marc R. Engel

In one of its most important employment decisions on the subject of sexual harassment since its landmark decisions in Burlington Industries, Inc. v. Ellerth (524 U.S. 742, 141 L. Ed. 2d 633, 118 S. Ct. 2257 (1998)) and Faragher v. Boca Raton (524 U.S. 775, 808, 141 L. Ed. 2d 662, 118 S. Ct. 2275 (1998)), the Supreme Court, in Pennsylvania State Police vs. Suders (124 S. Ct. 2342, 159 L. Ed. 2d 204, 2004 U.S. LEXIS 4176 (2004)), addressed the issue of a constructive discharge resulting from sexual harassment.

Nearly 6 years ago, in Ellerth and Faragher, the Supreme Court made it clear that the responsibility to eliminate sexual harassment in the workplace resides with employers and that sexual harassment training is an important component in preventing sexual harassment claims. In these decisions, the Supreme Court held that an employer can be held liable even though it is not negligent or otherwise at fault, for a hostile work environment created by a supervisor.

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