Legal Opinion

Kimberly B. Ellerth v. Burlington Industries, Inc.

Court of Appeals for the Seventh Circuit

Decided January 28, 1997No. 96-1361PublishedCited by 15 opinions

1Opinion of the Court

DIANE P. WOOD, Circuit Judge.

Kimberly Ellerth’s lawsuit against Burlington Industries, which claimed that a higher level supervisor sexually harassed her, foundered on the rules for holding a company liable for its supervisory employees’ conduct in this area. Expressing some frustration with the inadequacy of the theoretical framework available, the district court concluded that Burlington was not liable under any of the theories of agency law that Ellerth proffered. We agree with the district court that the rules governing supervisory liability in both quid pro quo and hostile work…

2Cases cited31 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  3. Emil J. Bartholet v. Reishauer A.G. (Zurich) and Reishauer Corporation (Elgin)Court of Appeals for the Seventh Circuit · 1992
  4. Valerie A. Baskerville v. Culligan International CompanyCourt of Appeals for the Seventh Circuit · 1995
  5. Alvin Hunter v. Allis-Chalmers Corporation, Engine Division, and Andre J. Lambert, DefendantsCourt of Appeals for the Seventh Circuit · 1986

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3Cited by15 opinions

  1. Jennifer Venters v. City of Delphi and Larry IvesCourt of Appeals for the Seventh Circuit · 1997
  2. Jansen v. Packaging Corp. of AmericaCourt of Appeals for the Seventh Circuit · 1997
  3. 74 Fair empl.prac.cas. (Bna) 1138, 71 Empl. Prac. Dec. P 44,940 Alice Jansen v. Packaging Corporation of America, Kimberly B. Ellerth v. Burlington Industries, Inc.Court of Appeals for the Seventh Circuit · 1997
  4. In Re C. F. Smith & Associates, Inc.United States Bankruptcy Court, D. Massachusetts · 1999
  5. Sandra Sanders v. David W. Lanier and State of Tennessee - ConcurringTennessee Supreme Court · 1998

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