Page:United States Reports, Volume 542.djvu/879

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CIVIL RIGHTS ACT OF 1964.

Title VII—Constructive discharge based on sexual harassment.—To establish "constructive discharge" violative of Title VII, a plaintiff alleging sexual harassment must show that abusive working environment became so intolerable that her resignation qualified as a ﬁtting response; her employer may defend by showing both (1) that it had a readily accessible and effective policy for reporting and resolving sexual harassment complaints, and (2) that plaintiff unreasonably failed to avail herself of that apparatus; but this affirmative defense will not be available if plaintiff quit in reasonable response to an adverse action ofﬁcially changing her employment status or situation, e. g., a humiliating demotion, extreme cut in pay, or transfer to a position in which she would face unbearable working conditions. Pennsylvania State Police v. Suders, p. 129.

CONSTITUTIONAL LAW.

I. Freedom of Speech.

Child Online Protection Act—Injunction.—Third Circuit correctly affirmed District Court's ruling that COPA's enforcement should be enjoined because statute likely violates First Amendment. Ashcroft v. American Civil Liberties Union, p. 656.

'''II. Privilege Against Self Incrimination.'''

1. Miranda warnings—Confession secured by police use of unwarned statements.—Missouri Supreme Court's judgment that respondent's confession should have been suppressed where police secured a confession before giving Miranda warnings, then gave warnings and used earlier confession to secure a postwarning confession, is affirmed. Missouri v. Seibert, p. 600.

2. Miranda warnings—Suppression of fruit of unwarned statement.—Tenth Circuit's decision that respondent's pistol should be suppressed as fruit of police's failure to give respondent his Miranda warnings is reversed, and case is remanded. United States v. Patane, p. 630.