Faragher vs Boca Raton City

Case Review # 1 Janina Bendana

Faragher vs. The City of Boca Raton

1. Why was the case brought? Give a summary of the factors that led to the case.

Beth Ann Faragher was a college student who worked as a part time worker during the summers as an ocean lifeguard for the marine safety section of the Parks and Recreation Department of respondent, the City of Boca Raton, Fla. She worked there between 1985 and 1990. But, it was until 1992, that Faragher filed a suit against her supervisors Terry, Silverman and the City under Title of the Civil Right Act of 1964. She alleged that her two supervisors created a sexually hostile environment. Indeed, according to Faragher she claimed there were times that she and other female workers were touched inappropriately and also were asked for sex. The conducts of the supervisors were considered sufficiently abusive and discriminatory for a working environment. Then, a federal trial court held that the city could be held liable for the acts of the two supervisors due to their discrimination. But, the case was reverse on further review in favor of the city by the Eleventh Circuit.

2. Based on the case what are two defenses against sexual harassment that can be used by an employer?

According to the case and the Eleventh Circuit, the court explained that employers could be indirectly liable for hostile environment by supervisors only under certain circumstances. Employers can be held liable if the harassment took place within the scope of their employment. Also, an employer can be held liable if employers assigned performances of no delegable duties to supervisors and employees are injured due to the supervisor´s failure to carry out those responsibilities or if there was an agency relationship present that helped the supervisors´ abilities or opportunities to harass subordinates. It turned out to be that the court in...