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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. 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.
The district court dismissed the action, finding that the State police had satisfied the affirmative defense set forth in the Supreme Court's Ellerth and Faragher decisions. The Third Circuit reversed.
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