an update for the week of june 14, 2004
Have a lukewarm one.

How can we make Workplace Week better? Please take a few minutes to give us your feedback. Thanks!
today's workplace: the employee rights blog
New Supreme Court Sexual Harassment Ruling: Splitting the Baby: Almost lost in the flurry of cases released by the U.S. Supreme Court earlier this week was the Court's decision in Pennsylvania State Police v. Suders, involving the liability of an employer when an employee finds conditions so intolerable that she quits. Admittedly, this decision would have been hard-pressed in any event to compete with this Term's most-watched case, Elk Grove v. Newdow, determining whether the words "under God" would be stricken from schoolchildrens' recital of the Pledge of Allegiance. However, Suders is unlikely to ever be considered all that noteworthy in its own right, rather than a middle-of-the-road logical extension of this Supreme Court's previous sexual harasment rulings. Both employees and employers can claim victory after reading this Solomonic "split the baby" decision.
this week in the courts
Pennsylvania State Police v. Suders  (U.S. Supreme Court; No. 03-95)
Decision Date: June 14, 2004
To establish "constructive discharge," a plaintiff alleging sexual harassment must show that the abusive working environment became so intolerable that her resignation qualified as a fitting response. An employer may assert the Ellerth/Faragher affirmative defense to such a claim unless the plaintiff quit in reasonable response to an adverse action officially changing her employment status or situation, e.g., a humiliating demotion, extreme cut in pay, or transfer to a position in which she would face unbearable working conditions.
Cent. Laborers' Pension Fund v. Heinz  (U.S. Supreme Court; No. 02-891)
Decision Date: June 7, 2004
ERISA Section 204(g) prohibits a pension plan amendment that expands the definition of postretirement employment that would trigger the suspension of early retirement benefits already accrued.
Named one of PC Magazine's Top 100 Sites You Can't Live Without
action center
Stop Genetic Discrimination
Workplace Week is published weekly by Workplace Fairness,a non-profit
public benefit organization allied with the National Employment Lawyers Association.
Workplace Fairness wants to hear from you. Please write us.
NELA
Tell a friend about Workplace Week by clicking here.
contact us  |  privacy policy  |  subscribe
workplace fairness
Copyright © 2004 Workplace Fairness