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Supreme Court Extends Ellerth/Faragher Affirmative Defense To Certain Constructive Discharge Cases ( February 2005 )
On June 14, 2004, the United States Supreme Court issued its opinion in <em>Pennsylvania State Police v. Suder</em> and extended the affirmative defense originally outlined in <em>Burlington Indus., Inc. v. Ellerth and Faragher v. City of Boca Raton</em> 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.
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