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BURLINGTON INDUSTRIES, INC. v. ELLERTH

Supreme Court of United States (1998) | 524 U.S. 742; 118 S.Ct. 2257; 141 L.Ed.2d 633

4 min read

TL;DR: An employee alleged supervisor sexual harassment involving unfulfilled threats but no tangible job detriment. The Court held employers are vicariously liable for such harassment but may assert an affirmative defense if they took reasonable care to prevent it and the employee failed to use available complaint procedures.

Legal Significance: This case established the controlling framework for employer vicarious liability in supervisor harassment cases under Title VII. It introduced the critical distinction between cases with and without a "tangible employment action" and created the corresponding two-part affirmative defense for employers.