Question

Describe the important ruling that came from Faragher versus City of Boca Raton.

Answer 1

Answer- On 26 June, 1998 the U.S. Supreme Court ruled (7-2) that under the title seven (Vll) of the Civil Rights Act of 1964- "An employer may be liable for supervisory employees whose sexual harassment of subordinates results in a hostile work environment which amounting to the job discrimination." The Court also pointed out some situations in which the employer could make an affirmative defense. The situations are (1) the employer must have exercised reasonable care to prevent and promptly correct any sexual Harrasing behavior and (2) the victim unreasonably failed to take advantage from these preventive opportunities provided by the employer.

This case is centered around Beth Ann Faragher, who was a college student and worked as a lifeguard for the city of Boca Raton, Florida. Faragher alleged that during employment period two male supervisors made offensive sexual remarks and inappropriate gestures to her and also to other female lifeguards, touched them inappropriately, and asked for sex.

A federal district court take the decision in favor of Faragher and imputed liability on Boca Raton on the basis of three justifications.

After that the Eleventh Circuit Court of Appeals reverses in favor of the Boca Raton. The Court explained that employer can be indirectly liable for hostile environment sexual harassment by a supervisor but only if the harassment took place within the scope of the supervisor's employment.

The Supreme Court then give the rulings which I have stated in the starting.