In deciding that a constructive discharge is sometimes, but not always, a tangible employment action, the Supreme Court first restated the standard a plaintiff must meet to establish that hostile work environment harassment has led to constructive discharge.he issue in Suders was whether such a constructive discharge constitutes a tangible employment action, making the Faragher/Ellerth affirmative defense unavailable. The Faragher and Ellerth decisions did not directly address this question.