On June 26, 1998, the United States Supreme Court issued two important decisions in the area of sexual harassment, Burlington Industries v. Ellerth and Faragher v. City of Boca Raton. These cases make it important for all employers to understand the new rules under which they will be deemed liable for the actions of a supervisor accused of sexual harassment, and how they can take preventative measures to avoid liability.
In Burlington Industries v. Ellerth, Kimberly Ellerth, a salesperson, claimed she was subjected to constant sexual harassment by a mid-level manager who made offensive remarks and gestures, as well as comments that could be construed as threats to retaliate against her if she denied some sexual liberties. Ellerth did not complain about the manager’s conduct to anyone in authority, even though she knew that the Company did have a policy against sexual harassment. She quit after her immediate supervisor cautioned her about her job performance. Three weeks later, she
