Utah
How Burlington Industries, Inc. v. Ellerth applies in Utah: state-specific rules, key cases, and bar exam notes for Employment Law.
Utah follows the federal standards established in Burlington Industries, Inc. v. Ellerth regarding employer liability for supervisor harassment. The 'Faragher-Ellerth defense' is recognized, allowing employers to avoid liability if they can prove they exercised reasonable care to prevent and correct harassment.
In Utah, to establish employer liability for sexual harassment under a supervisor's conduct, the plaintiff must demonstrate that the employer failed to take appropriate action in response to the harassment.
The court emphasized the need for a clear reporting mechanism for harassment claims, aligning with the principles from Ellerth.
Held that plaintiffs must show the employer failed to implement corrective measures after being notified of harassment, consistent with Ellerth's standards.
This case reinforced that an employer can avoid liability if they can demonstrate that a reasonable response was taken upon receiving a harassment complaint.
Utah's approach closely mirrors the federal standard under Burlington Industries, Inc. v. Ellerth. Both utilize the affirmative defense set forth by the Supreme Court, allowing employers to escape liability if they can prove they took proper preventive measures against harassment.
The principles from Burlington are frequently tested in Utah's bar exam, especially in employment law scenarios focusing on harassment claims.