ASHINGTON,
June 14 - In an important ruling on sexual harassment in the workplace, the
Supreme Court on Monday set guidelines for assessing an employer's liability
for working conditions that become so unendurable as to lead a reasonable
employee to resign without formally being dismissed.
The court held that an employer could ordinarily defend itself in such a
situation by showing that it had adequate procedures in place for reporting
harassment but that the employee failed to use those procedures.
But that defense is unavailable, Justice Ruth Bader Ginsburg wrote for
the 8-to-1 majority, if a supervisor or manager had engaged in an "official
act" like a demotion or reduction in pay that contributed to the intolerable
work environment. In such a case, Justice Ginsburg said, the employer is
liable, without any defense, as long as the facts of the case are proven.
The decision set aside a ruling by the federal appeals court in
Philadelphia that, in a strongly pro-plaintiff approach at variance with
that of some other courts, had ruled that a work environment so infected
with sexual harassment as to induce an employee to quit was tantamount to an
official firing. A company where such an incident occurred, even one with an
anti-harassment policy, could not defend itself by showing that the employee
failed to use that policy, the appeals court said.
That ruling had been appealed to the Supreme Court by the Pennsylvania
State Police, which had been sued for damages by a police dispatcher, Nancy
Drew Suders, who alleged that a work environment infused with sexual
harassment had forced her to resign. The appeals court said that a voluntary
resignation, as opposed to a dismissal, should never be seen as the kind of
official act that strips an employer of a defense that is otherwise
available.
With only Justice Clarence Thomas dissenting, Justice Ginsburg's opinion
rejected both extremes, instead mirroring the Supreme Court's treatment of
sexual harassment in a pair of cases in 1998. The court then for the first
time addressed the standard for determining an employer's liability for
sexual harassment carried out by a supervisor.
If the harassment culminated in a "tangible employment action" such as a
discharge or demotion, the court said then, the employer was strictly
liable, without the availability of any legal defense. But if the harassment
led to a hostile environment without an adverse official action, the
employer could defend itself by showing that it had set up a system for
reporting and correcting sexual harassment but that the employee had
unreasonably failed to use that system.
Those decisions, interpreting Title VII of the Civil Rights Act of 1964,
the basic federal law against employment discrimination, led to the creation
of anti-harassment policies in many workplaces. But they did not address the
precise situation before the court in the Pennsylvania case, that of a
"constructive discharge," a concept in labor law that applies when an
employee has not been officially dismissed but has taken the reasonable step
of resigning in the face of unendurable working conditions. Justice Ginsburg
described the current case as "harassment ratcheted up to the breaking
point."
Noting that a constructive discharge "may or may not involve official
action," Justice Ginsburg said that "when an official act does not underlie
the constructive discharge," the employer should have a chance to defend
itself under the approach the court established in 1998. Her opinion vacated
the appeals court's ruling and ordered that court to consider whether the
defense should be available to the state police in this case, Pennsylvania
State Police v. Suders, No. 03-95.
In his dissenting opinion, Justice Thomas said the court had adopted too
open-ended a definition of a constructive discharge. He said a proper
definition should require the employee to show some intent on the part of
the employer to force a resignation.
These were among the day's other developments.
Retaliation
The justices agreed to decide whether the federal law against sex
discrimination in education, usually referred to as Title IX, permitted a
lawsuit alleging that a complaint of a Title IX violation had provoked
purposeful retaliation.
In this case, Jackson v. Birmingham Board of Education, No. 02-1672, a
man who coached girls basketball in the Birmingham, Ala., schools complained
to his supervisors that the girls team was receiving fewer resources than
was the boys team. The coach, Roderick Jackson, then began getting negative
evaluations and was eventually relieved of his coaching duties.
Mr. Jackson brought a lawsuit alleging that he was the victim of unlawful
retaliation under Title IX. The statute itself does not mention retaliation
as a violation, and two lower federal courts dismissed his complaint on the
ground that it had no legal basis. His appeal presents several interrelated
questions: whether retaliation violates Title IX, whether someone alleging
retaliation can bring a private lawsuit and whether someone who complains of
but is not the direct victim of sex discrimination can bring such a suit.
Tax Challenge
The court ruled by a vote of 5 to 4 that the federal courts had
jurisdiction to hear constitutional challenges to state tax credits. The
decision, affirming a federal appeals court's ruling, permitted a suit to
proceed against an income tax credit that Arizona makes available for
contributions to a fund that subsidizes tuition at private schools,
including religious schools. The plaintiffs, Arizona taxpayers, argued that
the tax credit for religious school tuition violated the separation of
church and state.
The question for the justices was whether this lawsuit fell within the
category of lawsuits barred from federal court by the Tax Injunction Act.
That law prohibits the federal courts from restraining "the assessment, levy
or collection of any tax under state law." The statutory question was
whether a tax credit fell within the definition of "assessment." Arizona's
appeal, Hibbs v. Winn, No. 02-1809, also raised a deeper issue of
federalism, arguing that the law's purpose was to bar federal court
interference with state tax systems.
The case was potentially important, because the Supreme Court has
regularly decided cases on discriminatory state taxation, finding no barrier
in the Tax Injunction Act. That "decades-long understanding" should allow
this suit to proceed, Justice Ginsburg wrote for the majority.
In a dissent, Justice Anthony M. Kennedy said the court should have
deferred to the state on federalism grounds. Justice Kennedy evidently had
originally been designated to write a majority opinion for this position but
lost his majority along the way. Of 10 cases argued in January, this was
Justice Ginsburg's third majority opinion, while only Justice Kennedy has no
majority opinion from that month. Justices John Paul Stevens, Sandra Day
O'Connor, David H. Souter and Stephen G. Breyer voted in the majority.