By Christopher Cross
In June 2004, the United States Supreme Court issued a rulling in Pennsylvania State Police v. Nancy Drew Suders centering on whether or not Title VII (sexual harassment) extends coverage to employees who constructively discharge their employment.
Constructive discharge arrises when the working environment is so hostile that effectively the employee is forced to self-terminate their employement. Generally, this also requires that the employer could reasonably foresee that its' conduct would be the causing factor, to-wit, a reasonable person in the same circumstance would do the same.
The Supreme Courts' rulling highlights the requirements for an employer to gain immunity and therein defeat a constructive discharge claim by the plaintiff - employee who sues their employer for not taking the correct steps to repair the damages caused.
In this, the Court pointed out that ----