In Burlington Industries, Inc. v. Ellerth, the Supreme Court held that an employer is vicariously liable for its supervisor's harassment that creates a hostile work environment, subject only to the affirmative defense that the employer "exercised reasonable care to prevent and correct" the harassment and that the "employee unreasonably failed to take advantage" of the employer's remedial procedure or corrective opportunities offered after the fact.
Werner, Joyelle K.
"Burlington Industries, Inc. v. Ellerth: An Affirmative Defense Against Employer Liability for Supervisory Harassment,"
Mercer Law Review: Vol. 50
, Article 15.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol50/iss4/15