According to the Supreme Court, in Burlington Industries v. Ellerth, an employer is much less likely to be liable for sexual harassment by a supervisor if the employer had an effective program in place to handle discrimination complaints by employees.

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This is the holding of the Supreme Court in Burlington Industries v. Ellerth. The court outlined the affirmative defense of an employer, which involves a showing that the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.

According to the Supreme Court, in Burlington Industries V