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BURLINGTON INDUSTRIES, INC. v. ELLERTH (97-569)
123 F.3d 490, affirmed.
Syllabus
Opinion
[ Kennedy ]
Concurrence
[ Ginsburg ]
Dissent
[ Thomas ]
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____ U.S. ____ (1998)

SUPREME COURT OF THE UNITED STATES


No. 97—569


BURLINGTON INDUSTRIES, INC., PETITIONER v. KIMBERLY B. ELLERTH

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

[June 26, 1998]

Justice Ginsburg, concurring in the judgment.

I agree with the Court’s ruling that “the labels quid pro quo and hostile work environment are not controlling for purposes of establishing employer liability.” Ante, at 20—21. I also subscribe to the Court’s statement of the rule governing employer liability, ante, at 20, which is substantively identical to the rule the Court adopts in Faragher v. Boca Raton, post, p. ___.

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