Employment Discrimination

Continuing the trend begun with the 2003 survey period, the 2004 survey period experienced a significant decrease in the number of decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. On the other hand, the United States Supreme Court decided several noteworthy decisions in the employment arena. In Pennsylvania State Police v. Suders, the Court addressed the important issue of whether the Ellerth/Faragher affirmative defense' in hostile work environment sexual harassment cases is available when the plaintiff alleges that she was constructively discharged. In General Dynamics Land Systems, Inc. v. Cline, the Court, in another victory for employers, ruled that claims of so-called "reverse discrimination" are not available in claims made pursuant to the Age Discrimination in Employment Act ("ADEA").