|BURLINGTON INDUSTRIES, INC. v. ELLERTH (97-569)|
123 F.3d 490, affirmed.
[ Kennedy ]
[ Ginsburg ]
[ Thomas ]
____ U.S. ____ (1998)
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 Courts ruling that the labels quid pro quo and hostile work environment are not controlling for purposes of establishing employer liability. Ante, at 2021. I also subscribe to the Courts 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. ___.