Faragher v. Boca Raton
Encyclopedia
Faragher v. Boca Raton was a 1998 United States Supreme Court case. It identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964
for the acts of a supervisory employee whose sexual harassment
of subordinates has created a hostile work environment
amounting to employment discrimination. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
resigning her position. In 1992, Beth Ann Faragher brought to the city's attention that her supervisors, Bill Terry and David Silverman, had created a "sexually hostile atmosphere" at work and there was constant offensive touching which was not initially invited. The two supervisors would also speak about women in offensive terms. "Following a bench trial
, the District Court
concluded that the supervisors' conduct was discriminatory harrassment sufficiently serious to alter the conditions of Faragher's employment and constitute an abusive working environment." The complaint contained specific allegations that Terry once said that he would never promote a woman to the rank of lieutenant, and that Silverman had said to Faragher, "Date me or clean the toilets for a year." Faragher states that there were many times these two supervisors had said things to her and other female lifeguards, and other lifeguards agreed.
Faragher stated that from time to time, Terry would repeatedly touch the female lifeguards without being invited to do so, and in areas that should not be touched without being invited. Silverman, the other supervisor would make frequent vulgar slurs to the females, such as referencing in oral sex and speaking about female matters. Faragher was not the only woman that was being spoken to this way, in fact another lifeguard, Nancy Ewanchew, had brought it to the City's Personal Director in an effort to put a stop to the way they were being spoken to, but the taunting did not stop. However, a major factor held against Faragher was if this problem had been going on for awhile, then it should have been brought to the City's attention earlier.
Faragher stated that in many ways the agency relationship
"aided Terry and Silverman in carrying out their harassment." She argued that these two supervisors abused their authority
to keep the workers in their place while they make offensive statements. The Court Of Appeals rejected liability on the City's behalf and that the employer is not liable for what their employers do. The City feels that they should not be held responsible for what the employers did at the workplace. The court debated that since the victim did not receive any harm then the employer should not be held responsible for the actions of their employees. However, Faragher stated that she was working for the City and they should be the ones held responsible.
It was a 7-2 opinion delivered by David H. Souter. The Court came to the agreement that the City is responsible for the employers actions based on The Civil Rights Act of 1964. The City was charged with "actionable discrimination" caused by a supervisor.
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
for the acts of a supervisory employee whose sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
of subordinates has created a hostile work environment
Hostile work environment
A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser....
amounting to employment discrimination. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
Facts
The court case of Faragher v. City Of Boca Raton is about a lifeguardLifeguard
A lifeguard supervises the safety and rescue of swimmers, surfers, and other water sports participants such as in a swimming pool, water park, or beach. Lifeguards are strong swimmers and trained in first aid, certified in water rescue using a variety of aids and equipment depending on...
resigning her position. In 1992, Beth Ann Faragher brought to the city's attention that her supervisors, Bill Terry and David Silverman, had created a "sexually hostile atmosphere" at work and there was constant offensive touching which was not initially invited. The two supervisors would also speak about women in offensive terms. "Following a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
, the District Court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
concluded that the supervisors' conduct was discriminatory harrassment sufficiently serious to alter the conditions of Faragher's employment and constitute an abusive working environment." The complaint contained specific allegations that Terry once said that he would never promote a woman to the rank of lieutenant, and that Silverman had said to Faragher, "Date me or clean the toilets for a year." Faragher states that there were many times these two supervisors had said things to her and other female lifeguards, and other lifeguards agreed.
Faragher stated that from time to time, Terry would repeatedly touch the female lifeguards without being invited to do so, and in areas that should not be touched without being invited. Silverman, the other supervisor would make frequent vulgar slurs to the females, such as referencing in oral sex and speaking about female matters. Faragher was not the only woman that was being spoken to this way, in fact another lifeguard, Nancy Ewanchew, had brought it to the City's Personal Director in an effort to put a stop to the way they were being spoken to, but the taunting did not stop. However, a major factor held against Faragher was if this problem had been going on for awhile, then it should have been brought to the City's attention earlier.
Holding
The Court held that "Terry and Silverman were acting outside of the scope of their employment and solely to further their own personal needs." The court stated that the supervisors' relationship with the City did not assist in why they were treating their co-workers this way. In this case, the court stated that Terry nor Silverman threatened to fire Faragher or demote her so their agency relationship did not "facilitate their harrassment." "The court reviewed the record and found no adequate factual basis to conclude that the harassment was so pervasive that the City should have known of it, relying on the facts that the harassment occurred intermittently, over a long period of time, and at a remote location." The court felt that if this was such a serious issue taking place at the workplace that these lifeguards, such as Faragher herself, should have brought it to the City's attention earlier.Faragher stated that in many ways the agency relationship
Relationship
Relationship or relationships may refer to:* Interpersonal relationship* Intimate relationship* In mathematics and statistics:** Binary relation** Causal relationship** Correlation and dependence** Direct relationship** Inverse relationship...
"aided Terry and Silverman in carrying out their harassment." She argued that these two supervisors abused their authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
to keep the workers in their place while they make offensive statements. The Court Of Appeals rejected liability on the City's behalf and that the employer is not liable for what their employers do. The City feels that they should not be held responsible for what the employers did at the workplace. The court debated that since the victim did not receive any harm then the employer should not be held responsible for the actions of their employees. However, Faragher stated that she was working for the City and they should be the ones held responsible.
It was a 7-2 opinion delivered by David H. Souter. The Court came to the agreement that the City is responsible for the employers actions based on The Civil Rights Act of 1964. The City was charged with "actionable discrimination" caused by a supervisor.