United States Fourth Circuit

In plaintiff's claims against her former employer for sexual harassment under the South Carolina Human Affairs Law, district court's grant of summary judgment in favor of the defendant is vacated and remanded where: 1) plaintiff properly exhausted the state administrative remedies; 2) plaintiff's lawsuit was timely filed; 3) judicial estoppel does not preclude plaintiff from pursuing her claims against defendant because she disclosed her potential claim against the defendant in her bankruptcy petition; 4) plaintiff's evidence is sufficient to require a trial on her sexual harassment claims, including her claim that she was constructively discharged; and 5) on remand, the defendant will be entitled to assert the affirmative defense to liability and damages as set forth by the Supreme Court in Faragher and Ellerth as, although defendant is subject to vicarious liability for the supervisor's conduct, there was no tangible employment action and no official act precipitating the asserted constructive discharge.

Appellate Information

• Decided 04/01/2010
• Published 04/01/2010

Judges

Court

• United States Fourth Circuit

Counsel