Pennsylvania State Police v. Suders
Suders, a Pennsylvania state employee, filed a Title VII action alleging that she was subjected to a sexually hostile work environment, discriminated against on the basis of her age and political affiliation, and that she was constructively discharged. Suders identified three officers of the Pennsylvania State Police as the primary harassers and sought to hold their employer, the Pennsylvania State Police, vicariously liable for the actions of its agents. The district court granted summary judgment for the defendant. On appeal, the Third Circuit reversed, holding, in part, that constructive discharge was a "tangible employment action" within the meaning of Supreme Court precedent, and thus the employer was precluded from raising an affirmative defense to vicarious liability or damages for sexual harassment by its supervisors.
Question Presented:
When a hostile work environment created by a supervisor culminates in a constructive discharge, may the employer assert an affirmative defense?
