If discrimination or harassment is so intolerable that an employee is compelled to quit employment, an employee may have a claim for "constructive discharge" in violation of Title VII (Civil Rights Act of 1964).

An employer may have a defense to these claims if the employer "exercise[s] reasonable care to prevent and promptly correct any sexually harassing behavior," and if the employee "unreasonably fail[s] to take advantage of any preventive or corrective opportunities provided" by the employer or "otherwise avoid harm."

These defenses to claims of hostile work environment based on a supervisor''s actions stem from the 1998 U.S. Supreme Court decisions referred to as Faragher (v. City of Boca Raton) and (Burlington Industries, Inc. v.) Ellerth. An employer cannot eliminate all harassing or discriminatory behavior in the workplace, but can only make efforts to prevent it and remedy it when it does occur. Therefore, every employer should periodically review its anti-discrimination and anti-harassment policies and procedures, to reassure itself that the policies and procedures are understood by supervisors and employees, and that they are being implemented and enforced consistently, with periodic training and review at all levels.