Do Your Discrimination Policies Go Far Enough?

In the years since <i>Farragher</i> and <i>Ellerth</i>, numerous courts have been asked to decide whether or not constructive discharge (<i>ie</i>, the employee felt forced to resign because conditions were unbearable) is a tangible job action negating the employer's ability to raise the affirmative defense. The decided cases have had differing outcomes.

14 minute readOctober 01, 2003 at 12:16 PM
By
Margaret A. McCausland, Esq.and Linda T. Jacobs, Esq.
Do Your Discrimination Policies Go Far Enough?

Since 1998, when the United States Supreme Court issued what have become known as theFarragher andEllerth cases, employers have been able to assert an affirmative defense to harassment

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