a molding, or other projection, in the wall of a building, to throw off the water, -- generally used in the United States for the first table above the surface of the ground (see Table, n., 9), that is, for the table at the top of the foundation and the beginning of the upper wall
In deciding that a constructive discharge is sometimes, but not always, a tangible employment action, the Supreme Court first restated the standard a plaintiff must meet to establish that hostile work environment harassment has led to constructive discharge.he issue in Suders was whether such a constructive discharge constitutes a tangible employment action, making the Faragher/Ellerth affirmative defense unavailable. The Faragher and Ellerth decisions did not directly address this question.
First, outside the harassment context, the Supreme Court has repeatedly recognized that constructive discharge -- that is, a situation where quitting is the only solution -- is legally indistinguishable from actual discharge.And the EEOC has taken this position.hird, this interpretation fits well with other sexual harassment doctrines. To show constructive discharge, an employee must show she was compelled to resign--that any reasonable person in her situation would have walked off the job. And if this is truly the case, then strict liability makes sense.