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The textile maker argues the company shouldn’t face liability unless the employee either yielded to the demands for sex or suffered job-related consequences for refusing. A former employee Kimberly Ellerth, who says she was repeatedly harassed by divisional Vice President Theodore Slowik, says the mere threat of adverse job consequences is illegal. Courts have set a high bar for hostile environment claims, requiring workers to show the harassment was so severe it altered the fundamental conditions of the job. Many courts also have been quicker to hold employers responsible for quid pro quo harassment by their employees than for hostile environment harassment, particularly if top company officials don't know about the bad environment...
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