The allegations in the complaint were that McCloud began working for the USPS and her immediate supervior, Mr. Purifoy did the following over the course of two days: stared at Plaintiff; made comments that Plaintiff was beautiful; danced around Plaintiff in an awkward manner; told Plaintiff, "I'll give you Friday off if you go out to the club with me;" gave Plaintiff Thursday and Friday off and grabbed Plaintiff's wrist when she reached for her time card. The complaint was based on those six incidents over a two day period.

McCloud told management about what happened, they investigated and removed Purifoy from managing her. Over the next two months McCloud claims to have seen Purifoy at work a few times but that he never spoke to her and that he had no work control over her--yet she quit her job claiming she could not even look at him without feeling wierd. The court found that this did not rise to the level of constructive discharge.

In a remarkable act of stupidity, Christopher pulled Collins pants down in front of her co-workers which resulted in her great embarrassment and humiliation. Collins could no longer take this and other forms of sexual harassment and quit her position. A constructive discharge occurs when circumstances get so bad and a hostile work environment exists that forces an employee to quit; as it what happened here. It is not very often that a president of a company engages in such blatant sexual harassment and does so in front of witnesses.

“This settlement should serve as a notice to employers that the EEOC does not consider the threat or the act of pulling a woman’s pants down in the workplace to be a sophomoric prank,” said Robert A. Canino, regional attorney for the EEOC’s Dallas District Office.

The lawsuit claims male managers allegedly detained the server who filed the original complaint in a restaurant office and turned out the lights. The female quit following the alleged incident because she feared for her safety. This is was in commonly referred to as constructive discharge.

“We received the charge of discrimination from a young woman who worked there and who claimed that she and other young female employees were subjected to sexual harassment,” said Baran, who was unable to say how many workers were allegedly harassed or if they were all minors at the time.

2. Emotional Distress Damages--There is new specific formula for this calculation and there are many factors to consider including, the credibility of the employee, length of employment, believeability of witnesses, prior or pre-existing similar injuries, nature and extent of counseling or other medical treatment, and strength of the underlying case.

3. Punitive Damages--Under Title VII and ADA violations punitive damages may be awarded. In order to recover the employee must prove the employer engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of the employee, but also that liability for the punitive damages should be imputed to the employer.

4. Attorneys' Fees--All federal anti discrimination statutes and those in Illinois provide for the recovery of attorney fees by the prevailing party. Discretion as to the amount is up to the Judge.

Because of his termination, Rittenhouse lost income, suffered a diminution in his employability and suffered humiliation and severe emotional distress that required medical and professional treatment, according to the complaint, which is in St. Clair County Circuit Court case number: 09-L-109.

"At the time of his termination, Rittenhouse was doing the job well enough to meet the employer's reasonable expectations," the suit states. "Rittenhouse was discharged in whole or in material part because of his age."

Rittenhouse is seeking a judgment in an amount that will fully compensate him, plus attorney's fees, costs and other relief the court deems appropriate.

This school district was the subject of a few other incidents of sexual harassment within the last year. After a summer football camp, six students were accused of sexually assaulting younger teammates. Not long after that two school employees were accused of separate sexual harassment incidents according to KOAT.com. In the most current lawsuit, the former educational assistant quit after being subjected to the sexual harassment and after the school did not stop it. This is called constructive discharge.

"All I can do is sit down with him and say you've been warned and if it happens again, you'll be terminated and we've had that conversation,” Romero said.

That response from Romero does not seem adequate enough for the woman who filed her sexual harassment claim. In Illinois sexual harassment at an educational institution, also known as school sexual harassment is Illegal. The educational institution is required to stop the sexual harassment when it becomes aware of the sexual harassment.

According to the sexual harassment lawsuit Sandmire claims she repeatedly told Ferrari to stop and that when she asked a production coordinator to transfer her to another department, Ferrari prevented it--thus creating a hostile work environment. Sandmire was fired shortly after and believes it is the result of retaliation for reporting the sexual harassment and for refusing to accept the advances of Ferrari.

EEOC v. Parmalat Bakery Division of North America, Defendant, a New Jersey division of an international company headquartered in Italy, was charged wtih sexual harassment, retaliation, and constructive discharge. The complainant was a sales division manager and the only woman in an office of four male executives. She was subjected to unwelcome sexual advances, sexually explicit comments inappropriate touching and the showing of a pornographic video. She was awarded $300,000. Case resolved in 2004.

Kosen v. American Express Financial Advisors, Inc., A group of female financial advisors alleged that American Express Financial Advisors, Inc.engaged in preferential treatment of male advisors in mentoring, promotion, compensation, and work assignments in violation of federal law.

This was a class action lawsuit in which it is alleged that they experienced gender and/or age discrimination including, but are not limited to, career advancement, failure to hire as a Financial Advisor, distribution of leads and accounts, work assignments, promotion. They were awarded $31 million dollars. Case resolved in 2002.

An employee may be constructively discharged if she resigns because of intolerable working conditions caused by sexual harassment. In order to prove constructive discharge the plaintiff must show:

• Defendant intention to make the plaintiff's working conditions intolerable;
• Defendant subjected plaintiff to sexual harassment; and
• The plaintiff was forced to quit because the defendant's sexual harassment created the intolerable working conditions.