Tuesday, September 22, 2009

Reasoning of the court

The reasoning of the court was that Suders had the civil right to take the Pennsylvania State Police to suit without following the internal procedures. As the Pennsylvania State Police had the civil rights to bring the fact that she didn’t file a harassment complaint to safe guard them in court.
“In an 8-to-1 decision written by Justice Ruth Bader Ginsburg, the Court ruled that an employee faced with a situation in which a "reasonable person ... would have felt compelled to resign" could bring suit even if she had not filed a report with the employer before resigning. Her employer, however, could use her failure to file a report; along with evidence of the safeguards it had in place to prevent harassment, in its defense. If it could prove that she had not attempted to prevent the harassment, and that the safeguards in place would have prevented it if she had, the employer would not be liable.”


Citations

The Oyez Project, Pennsylvania State Police v. Suders , 542 U.S. 129 (2004)

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