BURLINGTON INDUSTRIES, INC. v. ELLERTH () F.3d , affirmed. Syllabus, Opinion [ Kennedy ], Concurrence [ Ginsburg ], Dissent [ Thomas ]. Burlington Industries v. Ellerth, case in which the U.S. Supreme Court on June 26 , , ruled (7–2) that—under Title VII of the Civil Rights Act of , which. Burlington Industries, Inc. v. Ellerth. Determined whether an employee who suffered sexual harassment by a supervisor can recover damages against her.

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Burlington Industries v. Ellerth

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.

Civil Rights Act, comprehensive U. See United States v. Thank you for your feedback.

industreis Negligence sets a minimum standard for Title VII liability; but Ellerth seeks to invoke the more stringent standard of vicarious liability. By using this site, you agree to the Terms of Use and Privacy Policy.

A Tangible Employment Action makes the company vicariously liable because the agency relationship was used to take the action. Justice Anthony Kennedy said that Idustries had left it to the courts to determine the controlling principles. However, where, as here, there is no tangible employment action, it is not obvious the agency relationship aids in commission of the tort.

Burlington Industries, Inc. v. Ellerth

The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.


The company also makes specialty fabrics for athletic, medical, waterproof, and burlkngton garments.

Most courts do not hold an employer automatically liable for this type of discrimination. This page was last edited on 6 Decemberat Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued.

Retrieved 6 September Massive library of related video lessons – and practice questions. Casebooks Employment Zimmer, 9th Ed. A “yes” or “no” answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and The procedural disposition e.

burilngton Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.

Start your FREE trial. The holding and reasoning section includes: Encyclopedia of Women’s History in America. United States Supreme Court case. Ellerth is most referenced for its two-part affirmative defense for supervisor sexual harassment.

Burlington Industries, Inc. v. Ellerth Case Brief – Quimbee

Quimbee is one of the most widely used and trusted sites for law students, serving more than 97, law students since Keep Exploring Britannica Angela Merkel. You can try any plan risk-free for 30 days.

The District Court granted Burlington summary judgment. Access in your class – works on your mobile and tablet. Although such torts generally may be either negligent or intentional, sexual harassment under Title VII presupposes intentional conduct.

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Burlington Industries, Inc. v. Ellerth | Legal Momentum

In these situations, employers are found strictly or automatically liable. For example, the question presented here is phrased as whether Ellerth can state a quid pro quo claim, but the issue of real concern to the parties is whether Burlington has vicarious liability, rather than liability limited to ellertu own negligence. She identified three episodes involving threats to deny tangible job benefits unless sexual favors were granted.

Given this express direction, the Court concludes a uniform and predictable standard must be established as a matter of federal law. Are you a current student of?

What to do next… Unlock this case brief with a free no-commitment trial membership of Quimbee. On remand, Ellerth v. See Meritorsupraat Such an additional aid exists when a supervisor subjects a subordinate to a significant, tangible employment action, i.

While proof that an employer had promulgated an antiharassment policy with a complaint procedure is not necessary in every instance as a matter of law, the need for a stated policy suitable to the employment circumstances may appropriately be addressed in any case when litigating f first element of the defense. Burlington defendant from March to May Retrieved from ” https: