74 Fair empl.prac.cas. (Bna) 451, 68 Empl. Prac. Dec. P 44,232 Marcy Kilgore, Pam Medders, Vicki Ellis v. Thompson & Brock Mgmt., Inc. Eddie Schultz, in His Off. Capacity as a Supervisor of Pizza Hut, 93 F.3d 752 (11th Cir. 1997). · Go Syfert
74 Fair empl.prac.cas. (Bna) 451, 68 Empl. Prac. Dec. P 44,232 Marcy Kilgore, Pam Medders, Vicki Ellis v. Thompson & Brock Mgmt., Inc. Eddie Schultz, in His Off. Capacity as a Supervisor of Pizza Hut, 93 F.3d 752 (11th Cir. 1997). Cases Citing This Book View Copy Cite
129 citation events (82 in the last 25 years) across 18 distinct courts.
Strongest positive: Georgia Department of Juvenile Justice v. Kevin Jerome Branton (gactapp, 2025-10-20) · Strongest negative: Lackey v. LaPetite Academy Inc (alnd, 2020-03-17)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Lackey v. LaPetite Academy Inc (2×) also: Cited as authority (rule)
N.D. Ala. · 2020 · signal: but cf. · confidence high
But cf. Bryant v. Jones, 575 F.3d 1281 , 1289–90, 1298–99 (11th Cir. 2009) (holding that plaintiff established constructive discharge claim with evidence that her employer “was abusive . . . . on numerous occasions, including an interaction where he appeared ready to assault [the plaintiff] physically” and severely Finally, LPA was never given a chance to remedy any of the alleged unfavorable work conditions. “[A] constructive discharge will generally not be found if the employer is not given adequate time to remedy the situation.” See Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.…
discussed Cited as authority (verbatim quote) Georgia Department of Juvenile Justice v. Kevin Jerome Branton (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
a constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.
discussed Cited as authority (verbatim quote) ATES v. GEICO INSURANCE AGENCY, LLC
M.D. Ga. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.
discussed Cited as authority (verbatim quote) Artur Davis v. Legal Services Alabama, Inc.
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
a constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.
examined Cited as authority (verbatim quote) Tina Haskenhoff v. Homeland Energy Solutions, LLC (4×) also: Cited as authority (rule)
Iowa · 2017 · quote attribution · 2 verbatim quotes · confidence high
a constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.
discussed Cited as authority (verbatim quote) Amended August 25, 2017 Tina Haskenhoff v. Homeland Energy Solutions, LLC (2×) also: Cited as authority (rule)
Iowa · 2017 · quote attribution · 1 verbatim quote · confidence high
a constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.
discussed Cited as authority (quoted) Mosley v. AM/NS Calvert, LLC
S.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence low
ere suspicion of an unsubstantiated plot is not an intolerable employment condition
discussed Cited as authority (rule) Thompson
M.D. Ala. · 2026 · confidence medium
Her allegations are vague, conclusory and confusing, and far from supporting any inference that her working conditions were “so intolerable that a reasonable person in her position would have been compelled to resign,” Thomas v. Dillard Dep’t Stores, Inc., 116 F.3d 1432–34 (11th Cir. 1997), or that she gave her employer adequate “time to remedy the situation,” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir. 1996).
cited Cited as authority (rule) Williams v. University of Alabama Birmingham Hospital
N.D. Ala. · 2025 · confidence medium
Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996).
discussed Cited as authority (rule) Planchard v. USA Healthcare Management, LLC
S.D. Ala. · 2025 · confidence medium
Because that action “must be ‘reasonably likely to prevent the misconduct from recurring,’” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (quoting Guess v. Bethlehem Steel Corp., 913 F.2d 463, 465 (7th Cir. 1990)), we look to the effectiveness of the company’s action in preventing the recurrence of the harassment it knew about.
discussed Cited as authority (rule) Duke v. Topre America Corporation
N.D. Ala. · 2024 · confidence medium
A plaintiff must show “the work environment and conditions of employment were so unbearable that a reasonable person in that person’s position would be compelled to resign.” Virgo v. Riviera Beach Assoc., Ltd., 30 F.3d 1350 , 1363 (11th Cir. 1994); see also Poole v. Country Club of Columbus, Inc., 129 F.3d 551, 553 (11th Cir. 1997); Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996).
cited Cited as authority (rule) Riddle v. Butterfield
M.D. Fla. · 2023 · confidence medium
“The remedial action must be reasonably likely to prevent the misconduct from recurring.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (quotation omitted).
discussed Cited as authority (rule) Carter v. Cole & Cole, Inc. (2×)
S.D. Ala. · 2023 · confidence medium
Because that action “must be ‘reasonably likely to prevent the misconduct from recurring,’” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (quoting Guess v. Bethlehem Steel Corp., 913 F.2d 463, 465 (7th Cir. 1990)), we look to the effectiveness of the company’s action in preventing the recurrence of the harassment it knew about.
cited Cited as authority (rule) Gray v. Koch Foods, Inc.
M.D. Ala. · 2022 · confidence medium
The claim only applies “in the most egregious circumstances.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 755 (11th Cir. 1996).
discussed Cited as authority (rule) Moore v. Phoenix
N.D. Ala. · 2021 · confidence medium
An employer must select remedial action that is “‘reasonably likely to prevent the misconduct from recurring.’” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (quoting Guess v. Bethlehem Steel Corp., 913 F.2d 463, 465 (7th Cir. 1990)).
discussed Cited as authority (rule) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. MEDIACOM COMMUNICATIONS CORPORATION, A NEW YORK CORPORATION
M.D. Ga. · 2021 · confidence medium
“A constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996); Bryant, 575 F.3d at 1299 (“An employer may defend against [a constructive discharge claim] by showing . . . that the plaintiff unreasonably failed to avail herself of [the] employer-provided preventive or remedial apparatus.”) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Davis v. Legal Services Alabama, Inc.
M.D. Ala. · 2020 · confidence medium
Generally speaking, “constructive discharge will . . . not be found if the employer is not given sufficient time to remedy the situation.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996).
cited Cited as authority (rule) Batayias v. The Mechanical Shop, Inc.
S.D. Ga. · 2020 · confidence medium
A “remedial action must be reasonably likely to prevent the misconduct from recurring.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (internal quotations omitted).
discussed Cited as authority (rule) Craighead v. Austal USA, LLC
S.D. Ala. · 2017 · confidence medium
Alabama courts have recognized outrage claims in cases involving sexual harassment, but only “in the most egregious circumstances.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 755 (11th Cir. 1996) (citation omitted); see also Henry v. Georgia-Pacific Corp., 730 So.2d 119, 121 (Ala. 1998) (“[e]gregious sexual harassment can amount to the tort of outrage,” such as where business-related counselor asked plaintiff intimate details about sex life, questioned her about orgasms, and asked her to take off her shirt, and employer forced plaintiff to continue sessions or lose her …
examined Cited as authority (rule) Stancombe v. New Process Steel LP (4×) also: Cited "see"
11th Cir. · 2016 · confidence medium
“The remedial action must be reasonably likely to prevent the misconduct from recurring.” Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (internal quotation marks omitted).
discussed Cited as authority (rule) Medearis v. CVS Pharmacy
N.D. Ga. · 2015 · confidence medium
“To prove constructive discharge, the employee[] must demonstrate that [his] working conditions were so intolerable that a reasonable person in [his] position would be compelled to resign.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996) (citation and internal quotation marks omitted); see also Wardwell v. School Board, 786 F.2d 1554, 1557 (11th Cir.1986).
discussed Cited as authority (rule) Green v. Mobis Alabama, LLC
M.D. Ala. · 2014 · confidence medium
Green concedes that Powers did not harass her during the time that MOBIS investigated him, and terminating Powers was clearly “reasonably likely to prevent the misconduct from recurring.” Kilgore, 93 F.3d at 754.
discussed Cited as authority (rule) Johnson v. AUSTAL, USA, LLC
S.D. Ala. · 2011 · confidence medium
The prompt remedial action must be "reasonably likely to prevent the misconduct from recurring." See, e.g., Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287, 1305 (11th Cir.2007); Kilgore v. Thompson & Brock Mgt., Inc., 93 F.3d 752, 754 (11th Cir. 1996); Tipp v. AmSouth Bank, 76 F.Supp.2d 1315, 1333 (S.D.Ala.1998).
discussed Cited as authority (rule) Johnson v. Austal, U.S.A., L.L.C.
S.D. Ala. · 2011 · confidence medium
The prompt remedial action must be “reasonably likely to prevent the misconduct from recurring.” See, e.g., Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287, 1305 (11th Cir.2007); Kilgore v. Thompson & Brock Mgt, Inc., 93 F.3d 752, 754 (11th Cir. 1996); Tipp v. AmSouth Bank, 76 F.Supp.2d 1315, 1333 (S.D.Ala.1998).
discussed Cited as authority (rule) Hedgeman v. Austal, U.S.A., L.L.C.
S.D. Ala. · 2011 · confidence medium
The prompt remedial action must be “reasonably likely to prevent the misconduct from recurring.” See, e.g., Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287, 1305 (11th Cir.2007); Kilgore v. Thompson & Brock Mgt., Inc., 93 F.3d 752, 754 (11th Cir. 1996); Tipp v. AmSouth Bank, 76 F.Supp.2d 1315, 1333 (S.D.Ala.1998).
discussed Cited as authority (rule) Soloski v. Adams
N.D. Ga. · 2009 · confidence medium
To prove constructive discharge in a Title VII case, a plaintiff must show that his “working conditions were so intolerable that a reasonable person in [his] position would be compelled to resign.” Kilgore v. Thompson & Brock Mgmt., 93 F.3d 752, 754 (11th Cir.1996) (quoting Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir.1989)).
cited Cited as authority (rule) Mario Washington v. The Kroger Co.
11th Cir. · 2007 · confidence medium
Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1997).
cited Cited as authority (rule) Smith v. Akstein
N.D. Ga. · 2005 · confidence medium
Kilgore, 93 F.3d at 754.
examined Cited as authority (rule) Mangrum v. Republic Industries, Inc. (3×)
N.D. Ga. · 2003 · confidence medium
“The ‘remedial action’ must be reasonably likely to prevent the misconduct from recurring.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996) (internal quotation marks omitted), reh’g, en banc, denied, 105 F.3d 673 (1997).
discussed Cited as authority (rule) Does v. Covington County School Board (2×)
M.D. Ala. · 2003 · confidence medium
Even under a “liberal” Title VII standard of institutional liability, a school can only be held liable if it ‘Tails to take prompt remedial action after receiving notice of the alleged sexual harassment.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996).
discussed Cited as authority (rule) David Hipp v. Liberty National Life
11th Cir. · 2001 · confidence medium
See, e.g., Coates v. Sundor Brands, 164 F.3d 1361 , 1364-65 (11th Cir. 1999) (hostile environment plaintiff must notify employer of harassment and give employer a chance to remedy the situation); Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996) (“A constructive discharge will generally not be found if the employer 79 III.
cited Cited as authority (rule) Wal-Mart Stores, Inc. v. Itz
Tex. App. · 2000 · confidence medium
See Knabe v. Boury Corp., 114 F.3d 407, 414 (3d Cir.1997); Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996).
discussed Cited as authority (rule) Lewis v. McDade
N.D. Ga. · 1999 · confidence medium
“A constructive discharge claim will generally not be found if the employer is not given sufficient time to remedy the situation.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996).
discussed Cited as authority (rule) Jones v. USA Petroleum Corp.
S.D. Ga. · 1998 · confidence medium
To prove constructive discharge, a plaintiff must show that her “working conditions were so difficult or unpleasant that a reasonable person would have felt compelled to resign.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996); Hill v. Winn-Dixie, 934 F.2d 1518, 1527 (11th Cir.1991).
cited Cited as authority (rule) ca4 1997
4th Cir. · 1997 · confidence medium
Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996).
cited Cited as authority (rule) Harris v. L & L Wings, Inc.
4th Cir. · 1997 · confidence medium
Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996).
discussed Cited as authority (rule) Yolanda YOUNG, Plaintiff-Appellant, v. BAYER CORP., Defendant-Appellee
7th Cir. · 1997 · confidence medium
See Faragher v. City of Boca Raton, 111 F.3d 1530, 1538 (11th Cir.1997) (en banc); Canutillo Independent School District v. Leija, 101 F.3d 393, 400-02 (5th Cir.1996); Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996); Hartleip v. McNeilab, Inc., 83 F.3d 767, 777 (6th Cir.1996); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir.1988) (per curiam).
discussed Cited as authority (rule) Welch v. Delta Air Lines, Inc.
N.D. Ga. · 1997 · confidence medium
Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 753-54 (11th Cir.1996); see also Reynolds v. CSX Transp., Inc., 115 F.3d 860 , 867 (11th Cir.1997) (citing Kilgore for the proposition that a hostile work environment complaint to a manager not considered ‘higher management’ does not suffice as notice to company); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir.1988); Henson v. City of Dundee, 682 F.2d 897, 905 (11th Cir.1982).
cited Cited as authority (rule) Johnson v. Wal-Mart Stores, Inc.
M.D. Ala. · 1997 · confidence medium
Alabama, the.tort of outrage applies only “in the most egregious circumstances.” Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996) (citing Thomas v. BSE Indus.
discussed Cited as authority (rule) Smith v. Beverly Health & Rehabilitation Services, Inc. (2×)
N.D. Ga. · 1997 · confidence medium
Inc., 93 F.3d 752, 753 (11th Cir.1996); Henson v. City of Dundee, 682 F.2d 897, 905 (11th Cir.1982).
discussed Cited as authority (rule) Durham v. Philippou (2×)
M.D. Ala. · 1997 · confidence medium
Once an employer learns of sexual harassment, it must take “prompt remedial action” which is “ ‘reasonably likely to prevent the misconduct from recurring.’” Kilgore, 93 F.3d at 754.
cited Cited "see" Glanton v. Wayne Farms LLC
M.D. Ala. · 2020 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996).
discussed Cited "see" Miles v. Birmingham, City of (2×)
N.D. Ala. · 2019 · signal: see · confidence high
See Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir. 1996).
cited Cited "see" Nicole Patsalides v. City of Fort Pierce
11th Cir. · 2018 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 754 (11th Cir. 1996).
discussed Cited "see" Fuller v. SL Alabama, LLC
M.D. Ala. · 2014 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752, 753 (11th Cir. 1996) (reasoning that local store manager was not “higher management”); Terrell v. Paulding Cnty., 539 Fed.Appx. 929, 932 (11th Cir.2013) (finding no legal basis for holding the employer liable where the plaintiff failed to bring the complaint to the individuals identified' in the county’s harassment policy); cf. Madray v. Publix Supermarkets, Inc., 208 F.3d 1290, 1301 (11th Cir.2000) (holding that the employer-defendant satisfied the second prong of the Faragher/Ellerth defense when employees did not complain to th…
discussed Cited "see" Bozeman v. Per-Se Technologies, Inc.
N.D. Ga. · 2006 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., 93 F.3d 752 , 754 (11th Cir.1996); Morgan v. Ford, 6 F.3d 750, 755 (11th Cir.1993), cert. denied, 512 U.S. 1221 , 114 S.Ct. 2708 , 129 L.Ed.2d 836 (1994); Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir.1989).
discussed Cited "see" Donya Mitchell v. Gene Pope
11th Cir. · 2006 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., Inc., 93 F.3d 752 , 754 (11th Cir.1996) (constructive discharge generally not viable if employer not given sufficient time to remedy the situation). *915 And Plaintiffs constructive discharge claim fails because she failed to demonstrate a causal link between her resignation and the alleged harassment.
discussed Cited "see" Speaks v. City of Lakeland
M.D. Fla. · 2004 · signal: see · confidence high
See Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996); also Mangrum v. Republic Industries, Inc., 260 F.Supp.2d 1229, 1252 (N.D.Ga.2003); Jones v. USA Petroleum Corp., 20 F.Supp.2d 1379, 1383 (S.D.Ga.1998). 20 .
cited Cited "see" Mason v. City of Tampa
M.D. Fla. · 2000 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., 93 F.3d 752 , 754 (11th Cir.1996).
cited Cited "see" Matthews v. City of Gulfport
M.D. Fla. · 1999 · signal: see · confidence high
See Kilgore v. Thompson & Brock Mgmt., 93 F.3d 752 , 754 (11th Cir.1996).
74 Fair empl.prac.cas. (Bna) 451, 68 Empl. Prac. Dec. P 44,232 Marcy Kilgore, Pam Medders, Vicki Ellis
v.
Thompson & Brock Management, Inc. Eddie Schultz, in His Official Capacity as a Supervisor of Pizza Hut
94-7018.
Court of Appeals for the Eleventh Circuit.
Jan 2, 1997.
93 F.3d 752

93 F.3d 752

74 Fair Empl.Prac.Cas. (BNA) 451,
68 Empl. Prac. Dec. P 44,232
Marcy KILGORE, Pam Medders, Vicki Ellis, Plaintiffs-Appellants,
v.
THOMPSON & BROCK MANAGEMENT, INC.; Eddie Schultz, in his
official capacity as a Supervisor of Pizza Hut,
Defendants-Appellees.

No. 94-7018.

United States Court of Appeals,
Eleventh Circuit.

Sept. 5, 1996.
As Amended Oct. 3, 1996.
Rehearing Denied Jan. 2, 1997.

Ann C. Robertson, Rebecca J. Anthony, Gordon, Silberman Wiggins & Childs, Birmingham, AL, for Appellants.

LaSherril Brown, LaVeeda Morgan Battle, Gorham & Waldrep, P.C., Birmingham, AL, for Appellees.

Appeal from the United States District Court for the Northern District of Alabama.

Before EDMONDSON and DUBINA, Circuit Judges, and FARRIS[*], Senior Circuit Judge.

FARRIS, Senior Circuit Judge:

[*~752]1

Marcy Kilgore, Pam Medders, and Vicki Ellis sued their employer, Thompson & Brock Management, Inc., charging sexual harassment in violation of Title VII, as well as the torts of outrage and invasion of privacy under Alabama law. They appeal the district court's grant of summary judgment in favor of the company.

2

We AFFIRM.

I. Hostile Work Environment

3

Thompson and Brock Management, Inc. had a contract to manage the Pizza Hut in Jasper, Alabama. Kilgore, Medders, and Ellis claim to have been sexually harassed by Eddie Schultz, the delivery driver for the Jasper Pizza Hut. To prove that an employer is indirectly liable for hostile work environment sexual harassment, an employee "must show that the employer knew or should have known of the harassment in question and failed to take prompt remedial action." Henson v. City of Dundee, 682 F.2d 897, 905 (11th Cir.1982). "The employee can show that the employer had knowledge of the harassment by proving that she complained to higher management of the problem or by demonstrating that the harassment was so pervasive that an inference of constructive knowledge arises." Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir.1988).

4

Ellis and Kilgore first complained to Sherry Schultz, the manager of the Jasper Pizza Hut. They contend that this constituted a complaint to the "higher management" of Thompson and Brock. The record refutes the argument. Although Sherry Schultz had managerial responsibilities at the Pizza Hut facility itself, she was not part of "higher management" at Thompson and Brock. Thompson and Brock did not have knowledge of the alleged sexual harassment until Medders and Ellis called Thompson and Brock's office and left a message for Vice President Rommie Brock on November 17, 1989.[1]

5

Thompson and Brock can only be indirectly liable under Title VII for Eddie Schultz's alleged misconduct if it failed to take prompt remedial action after receiving notice of the alleged sexual harassment.[2] The "remedial action" must be "reasonably likely to prevent the misconduct from recurring." Guess v. Bethlehem Steel Corp., 913 F.2d 463, 465 (7th Cir.1990). The district court did not err in holding that Thompson and Brock took prompt remedial action under the facts and circumstances of this record.

[*~753]6

After receiving notice on Friday, November 19, 1989, Thompson and Brock began an investigation of the alleged sexual harassment. Diane Ingraham (operations manager of Thompson and Brock) and Rommie Brock arranged a meeting with the plaintiffs for Tuesday, November 23, 1989. After arriving in Jasper, Ingraham and Brock were told that the plaintiffs would not meet with them and were represented by counsel. Thompson and Brock continued its investigation by interviewing Eddie Schultz, Sherry Schultz, and other female employees at the Jasper Pizza Hut. Eddie and Sherry Schultz denied the sexual harassment complaints. Thompson and Brock failed to find any support for the sexual harassment allegations: 1) the female employees interviewed stated that they had not seen Eddie Schultz engaging in any sexually harassing behavior, 2) Eddie and Sherry Schultz denied the allegations, and 3) the plaintiffs had all voluntarily resigned and refused to meet with Thompson and Brock officials. Notification by telephone on Friday followed by scheduled investigatory interviews on the following Tuesday establish that Thompson and Brock responded to the allegations with prompt remedial action. They are therefore not liable for the alleged misconduct of Eddie Schultz.

II. Constructive Discharge

[*754]7

The plaintiffs also appeal the district court's grant of summary judgment in favor of the company on their constructive discharge claim. "To prove constructive discharge, the employees must demonstrate that their working conditions were so intolerable that a reasonable person in their position would be compelled to resign." Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir.1989). A constructive discharge will generally not be found if the employer is not given sufficient time to remedy the situation. None of the plaintiffs returned to work after complaining to the company's corporate management. Summary judgment on the constructive discharge claim was appropriate; the plaintiffs did not allow sufficient time for Thompson and Brock to correct the situation.

8

III. State Law Claims--Outrage and Invasion of Privacy

9

The district court did not err in writing that it would be appropriate to dismiss for lack of jurisdiction over the pendant state law claims of outrage and invasion of privacy after granting summary judgment on the Title VII claims. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350, 108 S.Ct. 614, 619, 98 L.Ed.2d 720 (1988) (exercise of pendant jurisdiction is at the district court's discretion). But, the district court went on to grant summary judgment for defendants on the state claims; and going on was no abuse of discretion. In addition, the state law claims lack any support in the record.

10

In Alabama, the tort of outrage only applies "in the most egregious circumstances." Thomas v. BSE Indus. Contractors, Inc., 624 So.2d 1041, 1044 (Ala.1993). The conduct complained of must be "so outrageous as to be regarded as atrocious and utterly intolerable in a civilized society." American Rd. Serv. Co. v. Inmon, 394 So.2d 361, 365 (Ala.1981).

11

Thompson and Brock can be held directly liable for invasion of privacy only if the company authorized or participated in Schultz's actions or ratified his conduct after learning of the action. Potts v. BE & K Constr. Co., 604 So.2d 398, 400 (Ala.1992). It can be held vicariously liable only if Schultz's acts "were done in the line and scope of employment" for Thompson and Brock's benefit. Id. The record fails to include sufficient facts under either theory to withstand summary judgment.

12

AFFIRMED.

*

Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation

1

It is unfortunate, but not fatal, that the plaintiffs elected not to follow established written procedures for notification of Thompson and Brock

2

This is not a case where an employee seeks to hold her employer directly liable for sexual harassment by one who is acting as the employer. Cp. Vance v. Southern Bell Tel. and Tel. Co., 863 F.2d 1503 (11th Cir.1989)