PENNSYLVANIA STATE POLICE v. SUDERS

No. 03-95.

542 U.S. 129 (2004)

PENNSYLVANIA STATE POLICE v. SUDERS.

Supreme Court of United States.

Decided June 14, 2004.


Attorney(s) appearing for the Case

John G. Knorr III, Chief Deputy Attorney General of Pennsylvania, argued the cause for petitioner. With him on the briefs were Gerald J. Pappert, Acting Attorney General, and Howard G. Hopkirk and Sarah C. Yerger, Deputy Attorneys General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Acosta, Deputy Solicitor General Clement, Eric S. Dreiband, and Lorraine C. Davis.

Donald A. Bailey argued the cause and filed a brief for respondent.*

GINSBURG, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, SCALIA, KENNEDY, SOUTER, and BREYER, JJ., joined. THOMAS, J., filed a dissenting opinion, p. 152.


JUSTICE GINSBURG delivered the opinion of the Court.

Plaintiff-respondent Nancy Drew Suders alleged sexually harassing conduct by her supervisors, officers of the Pennsylvania State Police (PSP), of such severity she was forced to resign. The question presented concerns the proof burdens parties bear when a sexual harassment/constructive discharge claim of that character is asserted under Title VII of the Civil Rights Act of 1964.

To establish hostile work...

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