Question: Beth Faragher worked part - time and summers as an ocean lifeguard for the Marine Safety Section of the city of Boca Raton, Florida. Bill
Beth Faragher worked parttime 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 fiveyear 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 that the city should not be held liable for their actions. Are parttime employees covered by Title VII? Was Silvermans 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, US
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