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Burlington Industries, Inc. v. Ellerth

After being employed for 15 months, respondent Kimberly Ellerth quit her job as a sales person in one of the many divisions of Burlington Industries. She quit because allegedly, she was being sexually harassed by her supervisor, Ted Slowik. Ellerth pointed out instances whein Slowik threatened to deny her of work-related benefits. She had refused all of Slowik’s sexual advances and yet had not suffered any retaliation from Slowik. She was in fact promoted once. Also, she never informed anyone of these sexual advances despite knowing of Burlington’s policy against sexual harassment. Ellerth filed a law suit alleging that Burlington engaged in sexual harassment, forcing her constructive discharge. Issue: Whether or not an employee who refused sexual advances and yet…