Burlington Industries, Inc. v. Ellerth: "Whole-cloth Creation" or Manifestation of Congressional Intent?

Abstract

This Note examines the Court's decision in Burlington Industries, Inc. v. Ellerth and discusses its potential impact from both a judicial and a practical business perspective. Part II traces the historical background that is responsible for the development of the Court's sexual harassmentjurisprudence under Title VII. Part III presents the facts and procedural history of Ellerth. Part IV analyzes the majority and dissenting opinions in Ellerth. Part V considers the potential judicial and economic impact of the Ellerth decision, and Part VI concludes with speculation on how lower courts will deal with the Supreme Court's "whole-cloth creation" of new law involving Title VII sexual harassment claims.