Pennsylvania
How Burlington Industries, Inc. v. Ellerth applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Employment Discrimination (Title VII).
In Pennsylvania, the principles from Burlington Industries v. Ellerth are applied within the framework of both federal Title VII standards and the Pennsylvania Human Relations Act (PHRA). Pennsylvania courts recognize the same standard for employer liability regarding sexual harassment claims when under the control and authority of a supervisor.
Employers in Pennsylvania can be held vicariously liable for sexual harassment by a supervisor unless they can demonstrate that they took reasonable care to prevent and promptly correct any harassing behavior and that the employee unreasonably failed to take advantage of preventive or corrective opportunities.
The court held that an employer could be liable for a supervisor's actions if the employer did not take reasonable steps to prevent harassment.
The ruling confirmed that where sexual harassment is reported, an employer's failure to address the claim adequately can lead to liability.
The court affirmed that direct evidence of a sexually hostile environment created by a supervisor results in vicarious liability for the employer.
Pennsylvania law closely mirrors the federal Title VII standards established in Burlington Industries v. Ellerth concerning employer liability. However, the PHRA may offer broader protections and can lead to additional claims outside of the federal standard.
This case and its application in Pennsylvania often feature in bar exam questions regarding employment discrimination, especially under Title VII and the PHRA.