Case Citator › Burlington Industries, Inc. v. Ellerth

Burlington Industries, Inc. v. Ellerth

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
524 U.S. 742
Decided
Confirmed treatments
1
Flagged citations read
386 of 386
Citing cases (total)
4,775
Treatment dates
2004
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Burlington Industries, Inc. v. Ellerth is limited by one Eighth Circuit decision, listed below. All 386 flagged citations have been read.
More on how this was screened

McCurdy v. Arkansas State Police modified the federal affirmative defense for a single incident of supervisor harassment promptly reported and effectively remedied. Four state courts chose different rules for their own anti-discrimination laws; those choices are listed separately and do not change Ellerth's Title VII rule.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

4,775 later cases cite Burlington Industries, Inc. v. Ellerth; 386 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Burlington Industries, Inc. v. Ellerth?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • Held that an employer that promptly and effectively remedies a single incident of supervisor sexual harassment may invoke a modified Ellerth/Faragher defense without proving that the employee unreasonably failed to use preventive or corrective opportunities.

    Jamie McCurdy v. AR State Police · Eighth Circuit · filed

    We conclude the Supreme Court, in crafting the Ellerth/Faragher affirmative defense, did not change course in sexual harassment jurisprudence by holding employers strictly liable for single incidents of supervisor sexual harassment. Therefore, we hold the ASP is entitled to a modified Ellerth/Faragher affirmative defense, despite the ASP’s inability to prove the second element.
    Read the full opinion on CourtListener →

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