Ogletree Deakins Ogletree Deakins
Home > Insights & Resources > Blog Posts > Unsuccessful Romantic Overtures Insufficient to Establish Hostile Work Environment or Constructive Discharge

Unsuccessful Romantic Overtures Insufficient to Establish Hostile Work Environment or Constructive Discharge

Download PDFPrintShare

The Third Circuit Court of Appeals affirmed that a co-worker’s unsuccessful confession of romantic interest in the plaintiff, and his frequent subsequent apologies to plaintiff for his unrequited romantic interest, were insufficient to establish a claim of hostile work environment and/or constructive discharge. The Appellate Division confirmed that such conduct was neither severe nor pervasive enough to establish a hostile work environment, and was not sufficiently outrageous, coercive or unconscionable to establish a constructive discharge claim.

In Anastasia v. Cushman Wakefield, 2011 WL 6241093 (3d Cir., Dec. 15, 2011), the Third Circuit Court of Appeals affirmed that a co-worker’s unsuccessful confession of romantic interest in the plaintiff, and his frequent subsequent apologies to plaintiff for his unrequited romantic interest, were insufficient to establish a claim of hostile work environment and/or constructive discharge. The Appellate Division confirmed that such conduct was neither severe nor pervasive enough to establish a hostile work environment, and was not sufficiently outrageous, coercive or unconscionable to establish a constructive discharge claim.

 

 

Topics

Employment Law

Browse More Insights

Podcasts Seminars Webinars
Fountain pen signing a document, close view with center focus
Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now