Nancy Drew Suders v. Eric D. Easton, William D. Baker, Eric B. Prendergast, Virginia Smith Elliott, and the Pennsylvania State Police

OPINION OF THE COURT

FUENTES, Circuit Judge.

In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), the Supreme Court addressed the scope of the vicarious liability of an employer for the discriminatory and harassing conduct of its supervisors in the context of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”). The Court also sought to clarify the confusion among the Courts of Appeals as to the scope and proper grounds for such…