United States Third Circuit

A constructive discharge constitutes a tangible employment action within the meaning of Supreme Court cases Ellerth and Faragher. When an employee has raised a genuine issue of material fact as to a claim of constructive discharge, an employer may not assert, or otherwise rely on, the affirmative defense in support of its motion for summary judgment.

Appellate Information

• Argued 04/11/2002
• Decided 04/16/2003
• Published 04/16/2003

Judges

• Before McKEE and FUENTES, Circuit Judges, and POGUE, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Don Bailey (argued), Harrisburg, PA, for Appellant.


• For Appellees:
  
• D. Michael Fisher, Attorney General, Sarah C. Yerger (argued), Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of the Attorney General, Harrisburg, PA, for Appellees.