The 3rd U.S. Circuit Court of Appeals’ recent decision in Suders v. Eastonis an important analysis of post- Faragher/Ellerthsexual harassment law and the law of constructive discharge in discrimination cases. The decision establishes a split among courts of appeals that may ultimately be decided by the U.S. Supreme Court.
Nancy Suders began her employment with the Pennsylvania State Police at the McConnellsburg barracks in March 1998. Less than six months later, she resigned her employment following “several instances of name-calling, repeated episodes of explicit sexual gesturing, obscene and offensive sexual conversation and the posting of vulgar images.”
