ELLERTH V. BURLINGTON INDUSTRIES
Kimberly Ellerth, a marketing employee at
Burlington Industries, alleged in her sexual harassment lawsuit
that her boss made constant sexual remarks to her. Heallegedly
rubbed her knee and told her that her legs were nice, but her
breasts were too little. She says he once told her, "You know,
Kim, I could make your job very hard or very easy at
Burlington."
Ellerth interpreted this to mean that she would
have to have sex with her boss, a vice president, in order to
get ahead. But, in fact, she never slept with him and she did
get promoted.
The trial court ruled that Ellerth suffered quid
pro quo harassment even though she suffered no actual
retribution after rebuffing her boss' sexual advances.
Burlington appealed and now the Supreme Court
will decide the issue of whether an employee who has refused a
supervisor's sexual advances, and who has remained on the job
without suffering adverse economic consequences, nonetheless can
have a valid sexual harassment claim.
