Faragher vs. City of Boca Raton

Faragher vs. City of Boca Raton - productive and safe work...

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Econ 404 14:09:13 rmf34 Faragher vs. City of Boca Raton Judge(s): Justice Souther (Delivered the Court’s Opinion) Court: Supreme Court of the United States (Location, Date): June 1998, Washington DC Plaintiff : Beth Ann Faragher Case Summary : Beth Ann Faragher worked as a lifeguard from 1985-1990 while attending college, her supervisors were: Bill Terry, David Silverman, and Robert Gordon. Faragher resigned in June 1990. Action was brought in 1992 against Terry, Silverman and the city. (Title VII – Where acts of a supervisory employee whose sexual harassment has created a hostile work environment amounting to employee discrimination.) The employer is vicariously liable for discrimination by an employed supervisor. Court of Appeals held that the city was NOT vicariously liable for the conduct of Terry and Silverman. Back and forth on liability, but a supervisor is clearly charged with maintaining a
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Unformatted text preview: productive and safe work environment. Or was the employment beyond the scope of employment? Defense requires 2 elements: 1. Employer exercised reasonable care to prevent and correct promptly and sexually harassing behavior 2. The plaintiff employee unreasonable railed to take advantage of any preventative or corrective opportunities provided by the employer of to avoid harm otherwise. Defense : City of Boca Raton Verdict : The judgment from the Court of Appeals from the 11 th circuit is reversed, and the case is remanded to the district court for judgment. The city is liable. They had no system in place, the beach patrol people were unmonitored and this is wrong. Law and Economics Notes : Vicarious liability again....
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This note was uploaded on 12/11/2007 for the course ECON 4040 taught by Professor Hay during the Fall '07 term at Cornell.

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