Pennsylvania State Police v. Suders
United States Supreme Court
542 U.S. 129 (2004)
Nancy Suders (plaintiff) alleged her three male supervisors at the Pennsylvania State Police (defendant) subjected her to persistent vulgar comments and sexual gestures; after reporting the conduct to an equal-opportunity officer who gave incomplete guidance on filing a formal complaint, Suders was soon arrested by her supervisors for theft related to computer-skills exams they had secretly hidden from her, prompting her resignation and a Title VII lawsuit alleging sexual harassment and constructive discharge. The district court granted the state police summary judgment, finding no vicarious liability because Suders failed to use internal reporting procedures despite adequately alleging a hostile environment; the Third Circuit reversed, and the Supreme Court granted certiorari.
Whether an employer may assert the Ellerth/Faragher affirmative defense against a Title VII claim of constructive discharge caused by supervisor harassment, when the constructive discharge was not preceded by any official tangible employment action.