The United States Supreme Court ruled in Pennsylvania State Police v. Suders, 124 S. Ct. 2342 (2004) that in a constructive discharge case, the plaintiff's resignation is an appropriate response to intolerable working conditions.
An employee may be constructively discharged if she resigns because of intolerable working conditions caused by sexual harassment. In order to prove constructive discharge the plaintiff must show:
- Defendant intention to make the plaintiff's working conditions intolerable;
- Defendant subjected plaintiff to sexual harassment; and
- The plaintiff was forced to quit because the defendant's sexual harassment created the intolerable working conditions.