According to the Supreme Court, in Burlington Industries v. Ellerth, an employer is not liable for a complaint of sexual harassment by a supervisor if the employee never complained to superiors about the problem.

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In Burlington Industries v. Ellerth, the Supreme Court established that an employer may be held vicariously liable for a supervisor's sexual harassment even if the employee did not report the conduct if the employer did not take reasonable care to prevent or correct the harassment and the harassment resulted in a tangible employment action, such as termination or demotion.

According to the Supreme Court, in Burlington Industries V