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.