[1] Ellerth also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices.

[2] Kimberly Ellerth, a female employee at Burlington Industries, sued the company for sexual harassment on the part of her male supervisor.

She identified three episodes involving threats to deny tangible job benefits unless sexual favors were granted.

[4] David Benjamin Oppenheimer served as counsel for amicus curiae National Employment Lawyers Association in the U.S. Supreme Court.

[citation needed] Ellerth is most referenced for its two-part affirmative defense for supervisor sexual harassment.