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 Article Index » sexual harassment » employer liability » Affirmative Defense » Constructive Discharge Report Link Take this job and shove it!Jones Walker - September 14, 2004 When country music star Johnny Paycheck sang those famous words, he wasn’t singing about an employee who quit her job after being sexually harassed at work, but they fit that scenario nevertheless. According to the U.S. Supreme Court, an employee who tells her employer to “take this job and shove it” because of alleged sexual harassment can recover for a claim of “constructive discharge” (i.e., things were so bad at work, I was forced to quit), but only if she can prove a supervisor’s “official” act is the final straw that caused her to quit. Although neither management nor employee rights advocates see this case as a victory, the Supreme Court’s decision helps clarify whether and how constructive discharge claims factor into supervisor harassment cases.
Report Link Supreme Court Recognizes Affirmative Defense in Sex Harassment Constructive Discharge Cases (pdf).Vedder Price - July 26, 2004 The Supreme Court recently held that an employee's failure to seek recourse under her employer’s nondiscrimination/non-harassment policy may bar a claim that she was forced to resign because of intolerable sexual harassment. Report Link Hostile Environment and Constructive Discharge: When the Employer is Strictly Liable.Littler Mendelson, P.C. - June 16, 2004 In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases of constructive discharge. Report Link Supreme Court Allows Ellerth/Faragher Affirmative Defense in Certain "Constructive Discharge" Claims.Jackson Lewis LLP - June 16, 2004 In an 8-1 decision, the U.S. Supreme Court held June 14, 2004 that a claim of constructive discharge is not necessarily an "adverse action" which would always preclude the employer from asserting the Ellerth/Faragher affirmative defense under Title VII of the 1964 Civil Rights Act.
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March 24, 2010 Fisher & Phillips |
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