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Pennsylvania State Police v. Suders

Docket No.: 03-95
Certiorari Granted: Dec 1 2003
Argued: March 31, 2004
Decided: June 14, 2004

Topics:

Civil Rights Act of 1964, Title VII, Civil Rights, ADEA, Age Discrimination in Employment Act, Civil Rights Act, Civil Rights Act of 1964, Discrimination in Employment, Fourth Amendment, Miranda, National Labor Relations Act, Title VII, adverse employment action, conditions of employment, disparate treatment, patent, privacy, retaliation, sovereign immunity

PartyNames: Pennsylvania State Police v. Nancy Drew Suders
Petitioner: Pennsylvania State Police
Respondent: Nancy Drew Suders

Court Below: United States Court of Appeals for the Third Circuit
Citation: CA 3, 325 F.3d 432 QUESTION PRESENTED: When a hostile work environment created by a supervisor culminates in aconstructive discharge, may the employer assert the affirmative defense recognized in Burlington Industries, Inc. v. Ellerth 524 U.S. 742 (1998) andFaragher v. City of Boca Raton, 524 U.S. 775 (1998)?
Supreme Court Docket

Pennsylvania State Police
v.
Nancy Drew Suders
542 U.S. 129 (2004)
Question Presented:

When a hostile work environment created by a supervisor culminates in aconstructive discharge, may the employer assert the affirmative defense recognized in Burlington Industries, Inc. v. Ellerth 524 U.S. 742 (1998) andFaragher v. City of Boca Raton, 524 U.S. 775 (1998)? CERT. GRANTED: 12/1/03

Question:

When a supervisor makes a workplace environment so hostile (through sexual harassment) that an employee has no choice but to quit, may the employee bring suit even if she did not use the internal procedures established by the employer to report sexual harassment claims?

Note:

. CA 3, 325 F.3d 432

Pennsylvania State Police v. Suders
ORAL ARGUMENT

March 31, 2004

Holding: vacated and remanded
Decision: Decision: 8 votes for Pennsylvania State Police, 1 vote(s) against
Vote: 8-1
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