Supreme Court Limits Employer Liability to Workers Who Quit But Claim "Constructive Discharge"

Originally published September 2004

The United States Supreme Court recently held that employers are entitled to assert an important defense to employees’ claims that they were forced to quit their jobs because of supervisors’ sexual harassment. The Court’s opinion in Pennsylvania State Police v. Suders recognized that an employer could be liable to a worker who resigned yet later proved that she was forced off the job because of sexual harassment. The Court also held, however, that unless the resignation was triggered by official adverse action by the employer, it can avoid liability for "constructive discharge" by proving that it had policies to prevent and investigate claims of harassment but the employee/plaintiff failed to use them.