Burlington Industries, Inc. v. Ellerth
1998 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), is a landmark employment law case of the United States Supreme Court holding that employers are liable if supervisors create a hostile work environment for employees.[1] Ellerth also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices. Ellerth is often considered alongside Faragher.[2]
Quick Facts Burlington Industries, Inc. v. Ellerth, Argued April 22, 1998 Decided June 26, 1998 ...
Burlington Industries, Inc. v. Ellerth | |
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Argued April 22, 1998 Decided June 26, 1998 | |
Full case name | Burlington Industries, Inc. v. Ellerth |
Citations | 524 U.S. 742 (more) 118 S. Ct. 2257; 141 L. Ed. 2d 633 |
Argument | Oral argument |
Case history | |
Prior | Summary judgment granted, Ellerth v. Burlington Industries, Inc., 912 F. Supp. 1101 (N.D. Ill. 1996); reversed sub. nom., Jansen v. Packaging Corp. of Am., 123 F.3d 490 (7th Cir. 1996); cert. granted, 522 U.S. 1086 (1998). |
Subsequent | On remand, Ellerth v. Burlington Indus., Inc., 165 F.3d 31 (7th Cir. 1998). |
Holding | |
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or higher) authority over the employee, subject to an affirmative defense when no tangible employment action is taken. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Rehnquist, Stevens, O'Connor, Souter, Breyer |
Concurrence | Ginsburg |
Dissent | Thomas, joined by Scalia |
Laws applied | |
Title VII of the Civil Rights Act of 1964 |
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