Hostile Environment and Constructive Discharge: When the Employer is Strictly Liable
Kristine Grady Derewicz of Littler Mendelson, P.C.
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. The critical question is whether the "quit" was precipitated by any official act of a supervisor such that the employer should be strictly liable for the consequences or, alternatively, whether the employer played no role in the "quit" and, therefore, can defend itself by proving the affirmative defense.
EHB Expands Scope Of Review Of Construction Permits
Buchanan Ingersoll & Rooney PC
The controversy over the construction of U.S. Route 202 in Chester County has resulted in a decision by the EHB th.
Supreme Court Extends Ellerth/Faragher Affirmative Defense To Certain Constructive Discharge Cases
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
On June 14, 2004, the United States Supreme Court issued its opinion in Pennsylvania State Police v. Suder and extended the affirmative defense originally outlined in Burlington Indus., Inc. v. Ellerth and Faragher v. City of Boca Raton to constructive discharge cases. In Suder, the Court held that an employee's failure to seek recourse under an employer's non-discrimination/non-harassment policy may bar a claim that the employee was forced to resign because of intolerable working conditions.
IRRC Approves Regulations
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
At its November 4, 1999 meeting, the Independent Regulatory Review Commission approved proposed regulations from th.
Virginia Plaintiff Finds New Loophole To Sue Employer For Wrongful Discharge
Steven R. Minor of Elliott, Lawson & Minor P.C.
In Virginia, the state of the law regarding wrongful discharge continues to change, as plaintiffs' lawyers have now.
Raising an Affirmative Defense to Constructive-Discharge Claims in Hostile-Work-Environment Cases
Athena M. Papachronis Herman of Benassi & Benassi, P.C.
The United States Supreme Court has issued a "must read" regarding Title VII of the Civil Rights Act of 1964. In Pennsylvania State Police v Suders, the Court established under what circumstances an employer may assert an affirmative defense to a claim of a hostile work environment created by a supervisor that culminates in a constructive discharge.
Sexual Harassment by a Supervisor Can Trigger Employer Liability
Douglas B. M. Ehlke of Ehlke Law Offices
When a supervisor subjects an employee to a "tangible employment action" (i.e. hiring, firing, loss of pay, demotion), the employer can be held strictly liable, eliminating employer defenses such as prompt investigation and remedial action.
Equal Pay Claim Under Title VII and Elliot-Larsen Fails
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff was a manager/buyer in the children's department of Defendant's department store in Rochester. After leav.