Burlington Industries Inc V Ellerth
Jerrica Langlais
June 22, 2013
Human Resource Law
Burlington Industries Inc v Ellerth
Introduction
In the last two years there has been 11,364 sexual harassment claims filed according to the EEOC, it has been decreasing in the last 4 years but it was at a all time high in 1997. While working for Burlington Industries for 15 months, Kimberly B. Ellerth quit because she allegedly suffered sexual harassment by her supervisor Ted Slowik. Kimberly refused all of Slowik's advances and did not lost any tangible job benefits at her workplace, She was actually promoted once. But Mrs. Ellerth remained silent about Slowik's conduct despite her knowledge of Burlington's policy against sexual harassment.
Problems
As you get into details about this case, you start to understand the behaviors of both parties. While Kimberly worked at the Burlington company, she was constantly being harassed by her supervisor and it was very unwanted. Certain comments like “ Are you wearing a short skirts yet” and “your gonna be out there in factories with men and they like women with pretty butts and legs”. These comments as we all know are very inapporiate for a work place. There are two types of sexual harassment according to our text
Quid pro quo- When a perpetrator makes conditions of employment contingent on the victim providing sexual favors. This type of harassment is less common.
Hostile environment- When unwelcome, severe and persistent sexual conduct on the part of a perpetrator creates an uncomfortable and hostile environment (e.g., jokes, lewd postures, leering, inappropriate touching, rape, etc.). This type of harassment constitutes up to 95% of all sexual harassment cases.
Our case is hostile environment in which Kim has allegedly dealt with for the last 15 month of her employment. One of the major problems in the case is she never reported the harassment or inform anyone about the issues with her supervisor. It makes it a difficult case since their is no
June 22, 2013
Human Resource Law
Burlington Industries Inc v Ellerth
Introduction
In the last two years there has been 11,364 sexual harassment claims filed according to the EEOC, it has been decreasing in the last 4 years but it was at a all time high in 1997. While working for Burlington Industries for 15 months, Kimberly B. Ellerth quit because she allegedly suffered sexual harassment by her supervisor Ted Slowik. Kimberly refused all of Slowik's advances and did not lost any tangible job benefits at her workplace, She was actually promoted once. But Mrs. Ellerth remained silent about Slowik's conduct despite her knowledge of Burlington's policy against sexual harassment.
Problems
As you get into details about this case, you start to understand the behaviors of both parties. While Kimberly worked at the Burlington company, she was constantly being harassed by her supervisor and it was very unwanted. Certain comments like “ Are you wearing a short skirts yet” and “your gonna be out there in factories with men and they like women with pretty butts and legs”. These comments as we all know are very inapporiate for a work place. There are two types of sexual harassment according to our text
Quid pro quo- When a perpetrator makes conditions of employment contingent on the victim providing sexual favors. This type of harassment is less common.
Hostile environment- When unwelcome, severe and persistent sexual conduct on the part of a perpetrator creates an uncomfortable and hostile environment (e.g., jokes, lewd postures, leering, inappropriate touching, rape, etc.). This type of harassment constitutes up to 95% of all sexual harassment cases.
Our case is hostile environment in which Kim has allegedly dealt with for the last 15 month of her employment. One of the major problems in the case is she never reported the harassment or inform anyone about the issues with her supervisor. It makes it a difficult case since their is no