Court defines sex harassment conditions

Published: June 14, 2004 at 1:32 PM

WASHINGTON, June 14 (UPI) -- The U.S. Supreme Court Monday, in a Pennsylvania case, broadened the definition of "constructive discharge," or forced resignation, in sex harassment cases.

The justices ruled 8-1 that in a "constructive discharge," a plaintiff need only show the abusive working environment was so intolerable that quitting was a proper response.

The case involved the Pennsylvania state police. Nancy Drew Suders was hired to work as a communications operator for the McConnellsburg barracks. Court records say she was the target of a continuous barrage of sexual harassment.

After she complained, she was arrested by her supervisors for alleged theft. Court records say she took her computer-skills exam papers from the office after her supervisors told her she failed but refused to forward the tests for grading.

Suders filed suit for sex harassment under the Civil Rights Act, but a federal judge granted a state police request for dismissal. A federal appeals court reversed.

The Supreme Court threw out the appeals court ruling and sent the case back down for another hearing with instructions to follow its direction on "constructive discharge."

© 2004 United Press International, Inc. All Rights Reserved.
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