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Frargher v. The City of Boca Raton, Florida
CAPTION / CITATION: Faragher v. Boca Raton, 524 U.S. 775 (1998)
The issue argued was whether an employer can be held liable under title VII of the Civil Rights Act of 1964 for the actions of an employee who has created a hostile work environment due to sexually harassing behavior towards other subordinates in the workplace.
FACTS: Beth Ann Faragher was a lifeguard in the city of Boca Raton, Florida. She held that she was subjected to sexually harassing comments and inappropriate touching by supervisors in her position as a lifeguard for the city. Faragher filed complaints with a regional supervisor who failed to report those complaints to Marine Safety Section directors or to city officials. Faragher resigned from her position in 1990 and in 1992 she filed a lawsuit against the City of Boca Raton, Florida for...
Supreme Court ruled that an employer is liable under title VII of the Civil Rights Act of 1964 for actions of discrimination or harassment that a supervisor may make against an employee in the workplace. The court noted that liability is based on reasonable actions of the employer to prevent or address workplace harassment. In addition, the actions of the plantiff and victim must be taken into consideration.
COURT RATIONALE: Supreme Court Justice Souter noted in a brief to the court that the city of Boca Raton had, "entirely failed to disseminate its policy against sexual harassment among the beach employees and that its officials made no attempt to keep track of the conduct of supervisors like [Faragher's], u]nder such circumstances, we hold as a matter of law that the City could not be found to have…
References
Equal Rights Advocates. FARAGHER v. CITY OF BOCA RATON. Sourced from Web. Novermber 23, 2011.
http://www.equalrights.org/publications/reports/briefing/faragher.asp
The Oyez Project at IIT Chicago-Kent College of Law. 18. FARAGHER v. CITY OF BOCA RATON. Sourced from Web. November 23, 2011
http://www.oyez.org/cases/1990-1999/1997/1997_97_282
Faragher v. City of Boca Raton Argued March 25, 1998 Decided June 26, 1998 PARTIES: Beth Ann Faragher: petitioner; City of Boca Raton: respondent FACTS: Beth Ann Faragher worked part-time and during summers between 1990 and 1995 as a life-guard for the Parks and Recreation Department of the City of Boca Raton, Florida. Her immediate superiors during this period were Bill Terry, David Silverman and Robert Gordon. After resigning as a lifeguard, Faragher brought an action against Terry,
The adverse effect on the employee must be subjective, as well as objective. Not only must the employee suffer from the harassment, but it is also required that a reasonable person in the shoes of the employee would likely have suffered from such conduct." Id. At 84. While the Dupont case involved a sustained, systematic history of abusive behavior, the Court also found that if the behavior was extreme
These types of insurance against claims of sexual impropriety and harassment are becoming more and more common in light of the established legal precedents defining sexual harassment. Another way that employers have reacted to sexual harassment is to educate and train employees about what constitutes it. Many employers have created classes, seminars, or even just opened discussion about how sexual harassment is defined by the Supreme Court, as well as
An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears Roebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory language that was used. Kunin did not report any abuse to her employer other than to asking if cursing was harassment. The U.S. Court of Appeals found that an employer must
Employee Privacy Torts Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to
Law Sexual Harassment Teddy's Supplies' CEO Dear Sir, In pursuing the facts of the case I think Teddy's is having a written sexual harassment policy and a method for employees to report sexual harassment -- either to the supervisor or in secret by using the www.ReportTeddysafely.com. As an employer some of the necessities stipulated by law have been followed. The Supreme Court defined two principles regarding the sexual harassment at the workplace.