one that is known to the victim and that timely stops the harassment--shields the employer from Title VII liability for a hostile environment." Id. at 110.
ASB contends that it must be awarded summary judgment because (1) Mr. Ankenbrant's alleged conduct was not sufficiently pervasive and regular to give rise to a hostile work environment claim, and (2) the remedial measures ASB enacted were adequate. Upon review of the evidence submitted by the parties viewed in the light most favorable to Ms. Maher, we conclude that even if Ms. Maher could show that she endured a hostile working environment, the corrective steps taken by ASB were effective and prevented further objectionable conduct. As we noted above, Ms. Maher first alerted ASB management as to Mr. Ankenbrant's behavior in April of 1993. ASB promptly issued Mr. Ankenbrant a stern warning, informing him that future instances of inappropriate activity would result in the termination of his employment. From that point forward, as Ms. Maher concedes in her deposition testimony, the alleged sexual harassment ceased. We must therefore conclude that the corrective measures ASB employed were effective. Accordingly, Bouton requires us to award summary judgment to ASB with respect to Ms. Maher's hostile work environment claim.
In her effort to defeat the instant motion, Ms. Maher contends that the corrective measures employed by ASB were not effective. In support of this argument, she notes that the letter of warning was later removed from Mr. Ankenbrant's personnel file, that Mr. Ankenbrant was neither discharged nor transferred to another position, and that ASB failed to pursue the hugging and kissing allegations with sufficient fervor. This line of argument misses the point, however. The effectiveness of the remedial steps is not measured by the extent to which the employer disciplines or punishes the alleged harasser; Bouton makes it clear that corrective steps are effective if they stop the alleged sexual harassment. Measured by this standard, the steps taken by ASB were indisputably effective. A summary judgment award in ASB's favor as to the hostile work environment claim is therefore appropriate.
B. Constructive Discharge
Our Court of Appeals first adopted the doctrine of constructive discharge in a Title VII case in Goss v. Exxon Office Systems Co., 747 F.2d 885 (3d Cir. 1984). In that case, the court endorsed the application of an objective standard, pursuant to which an employer could be liable if it "knowingly permitted conditions of discrimination in employment so intolerable that a reasonable person subject to them would resign." Id. at 888. Thus, as a threshold matter, the plaintiff must show that the employer condoned acts of discrimination violative of Title VII. Dickerson v. New Jersey Dep't of Human Servs., 767 F. Supp. 605, 617 (D. N.J. 1991). The mere fact that the plaintiff feels uncomfortable or considers her working environment unduly stressful is an insufficient basis for a constructive discharge claim. Bristow v. Daily Press, Inc., 770 F.2d 1251, 1255 (4th Cir. 1985), cert. denied, 475 U.S. 1082, 89 L. Ed. 2d 718, 106 S. Ct. 1461 (1986).
As we noted above, the undisputed evidence shows that ASB management acted promptly to put an end to the alleged harassment once it became aware of Mr. Ankenbrant's conduct. Under such circumstances, we conclude that a reasonable jury could not render a verdict in Ms. Maher's favor as to her constructive discharge claim, since there is no evidence from which a jury could infer that ASB permitted the discriminatory behavior to continue. As for Mr. Ankenbrant's conduct between April 1993 and the time of Ms. Maher's resignation fifteen months later -- including the sarcastic commentary relating to her initial complaints -- we conclude, and Ms. Maher concedes, that such conduct simply does not rise to the level of workplace sexual harassment actionable under Title VII. Accordingly, we must award summary judgment to ASB as to the constructive discharge claim.
C. Common Law Claims
Having awarded summary judgment to ASB as to Ms. Maher's federal claims, we now conclude that the pendent claims should be dismissed pursuant to Rule 12(b)(1) for want of jurisdiction over the subject matter. Both Ms. Maher and ASB are citizens of Pennsylvania; thus, we cannot exercise our diversity jurisdiction over the pendent claims. 28 U.S.C. § 1332. Finally, we are aware of no "special circumstances" that would justify the invocation of our supplemental jurisdiction. Shaffer v. Board of School Directors, 730 F.2d 910, 912 (3d Cir. 1984) (court should not base jurisdiction over pendent claims merely on the time and energy invested in federal forum). Accordingly, the pendent claims will be dismissed without prejudice. See TM Marketing, Inc. v. Art & Antiques Assocs., L.P., 803 F. Supp. 994, 997 (D. N.J. 1992) ("When it becomes apparent that subject matter jurisdiction is lacking, the court must dismiss the action regardless of the stage of the litigation.").
For the reasons stated above, we will award summary judgment to ASB as to Counts I and II of Ms. Maher's complaint, and dismiss Counts III and IV without prejudice pursuant to Fed. R. Civ. P. 12(b)(1). An appropriate order follows.
AND NOW, this 28th day of May, 1996, upon consideration of Defendant's Motion for Summary Judgment, and the Response thereto, it is hereby ORDERED, for the reasons stated in the preceding Memorandum, that said Motion is GRANTED in part as follows:
1. Defendant is awarded summary judgment as to Counts I and II of Plaintiff's Complaint; and
2. Counts III and IV of Plaintiff's Complaint are hereby DISMISSED without prejudice pursuant to Fed. R. Civ. P. 12(b)(1).
BY THE COURT:
J. Curtis Joyner, J.
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