Summary Of A Case Study: Kimberly Ellerth

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Recommended: Sexual harassment within the workplace

FACTS: Kimberly Ellerth was an employee at Burlington Industries who quit after 15 months due to alleged sexual harassment by her supervisor, Ted Slowik. Ellerth had not reported her sexual harassment by Slowik, despite being aware of Burlington's sexual harassment policy. Ellerth never followed through with any of Slowik's advances toward her and did not suffer any tangible retaliation from him; she actually received a promotion during her time of employment. Ellerth filed a suit against Burlington alleging engagement in sexual harassment by Burlington forcing her constructive discharge in violation of Title VII. Ellerth's case was originally heard by a federal district court, which granted Burlington a summary judgment. This court determined that …show more content…

Quid pro quo tangible employment action in sexual harassment lawsuits as situations in which the supervisor took adverse tangible employment actions including demotions, termination, and un-requested and undesirable reassignment to a subordinate employee for the employee's refusal to the supervisor's sexual advances. Hostile Work Environment is the second classification which is a type of harassment in which the employee's benefits at work have not been changed due to response to a supervisor's sexual misconduct, but the supervisor's sexual harassment creates a "poisoned" work environment, making it unpleasant for the employee. The court stated that the distinction between these two classifications is vital in determining if there was unlawful discrimination, but this does not determine if the employer is liable for the discrimination. The court stated that an employer can be held reliable for discrimination committed by an employee if (1) the employer plans/intends the conduct; (2) the employer is negligent, (3) the employee acts with apparent authority or (4) aided in the commission of the harassment by the company

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