When A Harassed Employee Quits, Your Troubles May Just Be Starting 07-21-2004
- By Ann F. Kiernan, Esq.

In June, 2004, the U.S. Supreme Court ruled that when an employee quits because of harassment, she can sue - and win - for constructive discharge. So, your troubles aren't over when an employee who's been complaining about harassment quits-in fact, they may just be starting.

Nancy Suders worked as a telephone operator for the Pennsylvania State Police. She was continuously sexually harassed by three male supervisory officers, including vulgar sexual gestures, threatening actions, and references to sexual activities. Ms. Suders complained to the Equal Opportunity Officer, who told her to file a complaint, but not how to get the form to file a complaint.

During the same period of time the harassment was occurring, Ms. Suders was told she had failed a computer skills exam several times. One day after she talked to the EO Officer, she accidentally discovered her exams in a drawer, and realized they had never even been graded, so that the reports of her failures were lies. The supervisors learned she had "stolen" the exams, and then arrested and handcuffed her, gave her Miranda warnings, and interrogated her. After Ms. Suders said she would resign, the supervisors stopped the interrogation. No criminal charges were ever brought against her.

By an 8-1 vote, the U. S. Supreme Court held that employers are automatically liable if an employee quits in response to official employer action that adversely changes her employment status or situation. The employer may also be liable for constructive discharge if the employee quits because of co-worker harassment or unofficial supervisory conduct, but in those cases, the employer will be allowed to defend itself by showing that it exercised reasonable care to prevent and promptly correct the harassment and that the harassed employee unreasonably failed to use the employer's complaint procedure.

All employees need our Respectful Workplace class to learn the law on harassment and how your company's complaint procedure works.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.