Supreme Court Issues Mixed Ruling in Sexual Harassment Case

The U.S. Supreme Court ruled that workers who quit over intolerable sexual harassment are protected by a federal civil rights law, but the court made it difficult for them to sue and win damages from their former employers.

Justices said that like discrimination victims who are fired, those who flee an abusive work environment are covered by a 1964 civil rights law.

The decision was a follow-up to a Supreme Court ruling that companies can be liable for workplace harassment, even if top managers didn’t know about the behavior, when it results in “tangible employment action” like a firing.

The justices said that also is true when workers quit but can show they were demoted, transferred to a worse assignment or had their salary cut.

However, if a worker quits without facing specific punishment, the Supreme Court said that the employer must be given a chance to defend itself in a sexual harassment case. Justice Ruth Bader Ginsburg, writing for the court, said the company must prove it had a sincere and effective policy aimed at preventing and responding to harassment, and that the employee did not take advantage of the policy.

The 8-1 decision was a mixed victory for the Pennsylvania state police, sued by a woman who claimed her male bosses told her dirty jokes and urged her to perform sex acts. She said she quit to escape harassment.

Justices overturned a ruling in the woman’s favor, but sent the case back to lower court.

Nancy Drew Suders claims she was harassed consistently during her five months on the job at the McConnellsburg, Pa., barracks and that her attempts to complain to an Equal Employment Opportunity officer were rebuffed.

Suders’ attorney, Don Bailey, said that when the case goes back before a federal judge, the state police will have a difficult time justifying her treatment.

The case is Pennsylvania State Police v. Suders, 03-95.