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When a sexual harassment plaintiff can prove constructive discharge, an employer cannot rely on the affirmative defense set forth in the U.S. Supreme Court decisions Burlington Industries Inc. v. Ellerth and Faragher v. City of Boca Raton, the 3d U.S. Circuit Court of Appeals ruled on April 16 in a case of first impression.
April 26, 2003 at 12:00 AM
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