Javairia Wheeler
ACCT-03-Phillips
March 29, 2016(Due Date)
Case #16-3
Burlington Industries v. Ellerth
524 U.S. 742, 118 S.Ct. 2257 (1998)
Facts: Ellerth worked for 15 months at Burlington Industries. Her Supervisor Slowik was
a mid-level manager with authority to hire, fire and promote employees subject to higher
approval. Ellerth claimed she was subject to sexually offensive remarks by slowik and that
his comments could be taken as threats to deny her job benefits so Ellerth quit. She refused
his advances and did not suffer retaliation. Ellerth didn’t tell anyone at Burlington about
the problem until after she quit and filed suit.
Procedural History: The district court granted Burlington summary judgment. The
appeals court reversed, ordering a trial. Burlington Appealed.
Issues: The conclusion the trial court reached was whether an employer has vicarious
liability when a supervisor creates a hostile work environment by making explicit threats
to alter a subordinate terms or conditions of employment, based on sex, but does not fulfill
the treat.
Decision: The supreme court of Appeals affirmed the decision of the trial court. The
defendant Ellerth won the case and Burlington Industries lost.
Reason: A defending employer may raise an affirmative defense to liability or damages,
subject to proof by a preponderance of the evidence, the defendant must consist of two
elements, the employer exercised reasonable care to prevent and correct promptly any
sexually harassing behavior, and that the plaintiff employee unreasonably failed to take
advantage of any preventive or corrective opportunities provided by the employer or to
avoid harm otherwise.
Submitted by Javairia XB. Wheeler
This is the 8thday of April 2016