Beth Faragher worked part-time and summers as an ocean lifeguard for the Marine Safety Section of the

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Beth Faragher worked part-time and summers as an ocean lifeguard for the Marine Safety Section of the city of Boca Raton, Florida. Bill Terry and David Silverman were her supervisors over the five-year period of her employment. During this period, Terry repeatedly touched the bodies of female employees without invitation and would put his arm around Faragher, with his hand on her buttocks. He made crudely demeaning references to women generally. Silverman once told Faragher, “Date me or clean the toilets for a year.” She was not so assigned, however. The city adopted a sexual harassment policy addressed to all employees. The policy was not disseminated to the Marine Safety Section at the beach, however. Faragher resigned and later brought action against the city, claiming a violation of Title VII and seeking nominal damages, costs, and attorneys’ fees. The city defended that Terry and Silverman were not acting within the scope of their employment when they engaged in harassing conduct, and the city should not be held liable for their actions. Are part-time employees covered by Title VII? Was Silverman’s threat, “Date me or clean toilets for a year,” a basis for quid pro quo vicarious liability against the city? Decide this case. [Faragher v City of Boca Raton, 524 US 775]

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Andersons Business Law and the Legal Environment

ISBN: 978-0324786668

21st Edition

Authors: David p. twomey, Marianne moody Jennings

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