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Constructive Discharge in Sexual Harassment Cases: A Hopeless Situation for Employers?

ABA State & Local Law News, Vol. 28, No.3

Spring 2005

Authors: Gabriel J. Jiran

Employers may be faced with the difficult situation where an employee resigns from his or her employment, then later claims that he or she had to resign to escape sexually harassing behavior. The first reaction of many employers is to deny any liability, but the resolution of such a claim may not be that easy. In this article, Gabriel Jiran addresses the potential liablity of employers in this situation in light of a recent United States Supreme Court decision.

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