BURLINGTON INDUSTRIES, INC. v. ELLERTH

No. 97-569.

524 U.S. 742 (1998)

BURLINGTON INDUSTRIES, INC. v. ELLERTH

United States Supreme Court.

Decided June 26, 1998.


Attorney(s) appearing for the Case

James J. Casey argued the cause for petitioner. With him on the briefs were Mary Margaret Moore and Robert A. Wicker.

Ernest T. Rossiello argued the cause for respondent. With him on the brief were Margaret A. Zuleger and Eric Schnapper.

Deputy Solicitor General Underwood argued the cause for the United States et al. as amici curiae urging affirmance. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Irving L. Gornstein, C. Gregory Stewart, Philip B. Sklover, Carolyn L. Wheeler, and Susan L. P. Starr.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, and Breyer, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, p. 766. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 766.


Justice Kennedy, delivered the opinion of the Court.

We decide whether, under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq. , an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suffers no adverse, tangible job consequences, can recover against the employer without showing the employer is negligent or otherwise at...

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