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Faragher vs. City of Boca

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Submitted By senra73
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1. Why was the case brought? Give a summary of the factors that lead to the case. This case is about Beth Ann Faragher, who in 1992, after resigning her position as a lifeguard brought action against the City of Boca Raton. She stated that both her supervisors, Bill Terry and David Silverman, had created a "sexually hostile environment" at work repeatedly subjecting Faragher and other female lifeguards to "uninvited and offensive touching," by making lewd remarks, and by speaking of women in offensive terms. Faragher was not the only woman being treated this way. Nancy Ewanchew had brought it to the City's Personal Director's attention hoping to put an end to the way they were being treated, however the problem continued. That is when Faragher then decided to take her case to court. She claimed that this behavior constituted discrimination in violation of Title VII of the Civil Right Act of 1964.
The District Court concluded that her supervisors' conduct was sufficiently serious to alter the conditions of her employment and constitute an abusive working environment. Faragher stated that in many ways the agency relationship had facilitated Terry and Silverman in creating a sexually hostile work environment such as abusing their power to keep the workers in line while making offensive remarks. The Court held that the city could be held liable. It made that determination because of three factors. First, it considered that the harrassment was prevalent and that the city should have been aware of it. Second, the city was liable under traditional agency principles as the defendants were acting on the city’s behalf during that time. Lastly, Gordon's knowledge of the incident and his inaction further indicates liability.
The Court of Appeals, however, stated that Faragher's supervisors were not acting within the scope of their employment and instead acting only...

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