Constructive Discharge of Sex Harassment Plaintiff Is a 'Tangible Job Action'
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Summary
A Title VII plaintiff who claimed she was constructively discharged by her employer as a result of her supervisor's sexual harassment can allege she was subjected to a tangible employment action, the 7th Circuit has ruled in reversing a summary judgment.
The U.S. Supreme Court recently agreed to review a 3rd Circuit case holding the same way.See the full content of this document
Extract
Constructive Discharge of Sex Harassment Plaintiff Is a 'Tangible Job Action'
Chicago employment attorney Paul Mollica said the issue has been percolating ever since Ellerth and Faragher - a pair of 1998 Supreme Court rulings that helped define supervisor liability in Title VII cases. (Burlington Industries Inc. v. Ellerth, 524 U.S. 742; Faragher v. City of Boca Raton, 524 U.S. 775.)
The issue is pivotal because a plaintiff can establish strict liability and deprive an employer of an affirmative defense if she can show that t...See the full content of this document
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