case.brief.2 - Laura Brenneman Oct 25 2016 Polsc 219 Women...

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Laura Brenneman Oct. 25, 2016 Polsc 219: Women and the Law Case Brief #2 Faragher v. City of Boca Raton , 524 U.S. 775 (1998) Issue: Can an employer be held liable for discrimination under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee, when the employee’s sexual harassment of subordinates has created a hostile work environment? Procedural Posture/History: The trial court found that the supervisor's actions were discriminating harassment that sufficiently altered the conditions under which Ms. Faragher had to work. The city was held liable on three grounds: 1) the harassment was pervasive enough to support an inference that the city had knowledge; 2) under agency principles, her supervisors acted as the city's agents when committing the harassment; and 3) knowledge on part of the supervisor’ employer imputed knowledge to city. The Court of Appeals reversed, stating that the supervisors’ “harassment” was outside the realm of their employment, that the supervisor's agency relationship with the city did not aid in perpetrating the harassment,
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  • Spring '14
  • Supreme Court of the United States, supervisor, Appellate court, HARASSMENT

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