Burrell

OVERVIEW

Danielle Burrell (“Burrell”) appeals the district court’s summary judgment in favor of Star Nursery, Inc., dismissing her sexual harassment claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and a pendent state claim for retaliatory discharge. With regard to her Title VII claim, Burrell contends the district court erred in concluding there was no genuine issue of material fact as to whether Star Nursery’s management knew or should have known of Burrell’s alleged sexual harassment.

We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s summary adjudication absolving Star Nursery from liability for the alleged harassment by Burrell’s coworkers. However, in light of the Supreme Court’s recent decisions in Burlington Industries v. Ellerth, 524 U.S. 742 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998), and Faragher v. Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998), addressing employer liability for sexual harassment committed by an employer’s supervisory personnel, we reverse the district court’s summary adjudication absolving Star Nursery from liability for the alleged harassment by one of…