In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that:

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In Burlington Industries v. Ellerth, the Supreme Court held that the firm may be vicariously liable for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, even if the employee suffered no adverse job consequences. This means that the employer may be held liable for the actions of its employees, including supervisors, if those actions create a hostile work environment, regardless of whether or not the victim suffered any tangible job consequences.

In Burlington Industries V