Delaware
How Burlington Industries, Inc. v. Ellerth applies in Delaware: state-specific rules, key cases, and bar exam notes for Employment Discrimination (Title VII).
Delaware courts follow the principles established in Burlington Industries v. Ellerth in determining employer liability for sexual harassment claims under Title VII. The focus lies on whether the employer took appropriate steps to prevent and correct harassing behavior.
In Delaware, employers can be held vicariously liable for the sexual harassment of a supervisee unless they can prove that they exercised reasonable care to prevent and promptly correct any harassment.
Delaware courts have emphasized the importance of a clear and effective reporting structure to mitigate liability in harassment cases.
This case reaffirmed that employers must not only have policies in place but must also actively enforce them to be shielded from liability.
The court highlighted the need for prompt investigation of harassment complaints to fulfill the standards set in Ellerth.
Delaware's approach mirrors the federal standard established in Ellerth, focusing on an employer's liability when appropriate measures are not taken. However, Delaware may have more stringent requirements regarding the enforcement of anti-harassment policies.
Expect questions on how to establish employer liability under Title VII, referencing cases like Ellerth and the standards applied in Delaware.