Carolyn S. Watts v. The Kroger Company Arthur Bullington, the Kroger Company

ON REHEARING

STEWART, Circuit Judge:

Since the panel opinion was issued in this case, see Watts v. Kroger, 147 F.3d 460 (5th Cir.1998) (5th Cir.1998), the Supreme Court handed down opinions in Burlington Ind. 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). Counsel for all parties submitted supplemental briefing on the impact of the Supreme Court opinions on this case. Because the Supreme Court’s decisions affect the reasoning and partially affect the result in this case, we sua sponte…