GINSBURG, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

524 U.S. 742

Burlington Industries, Inc. v. Ellerth

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

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. ___.