Introduction: Facts of Case
In presenting the case, it is vital to outline the major facts vital for its understanding. Thus, Ann Faragher is the plaintiff petitioner of the case, alleging that she suffered from inappropriate behaviors at her workplace. Boca Ration (here and after called the City) is the defendant responsible for the claimant’s injuries and offenses, as Bill Terry and David Silverman, who was charged with sexual harassment, were hired by the City. They worked as lifeguards’ supervisors and had a significant influence on their employees. In such a way, the case revolves around the problem of discrimination of fundamental human rights, sexual harassment based on gender issues, and the establishment of a hostile working atmosphere because of inappropriate behaviors and attitudes.
Ann Faragher worked as a lifeguard for the City; however, after her resignation, she filed a lawsuit against the employer and her supervisors. She alleged that Bill Terry and David Silverman misbehaved and established a hostile and negative working atmosphere characterized by sexual harassment issues. Most of her female colleagues agreed and evidenced that they also suffered from the same treatment and inappropriate actions. Silverman’s and Terry’s remarking, touching, offensive speeches, comments, and jokes were based on gender issues and made female employees uncomfortable. This factor served as the basis for initiating the case and filing a lawsuit.
The claimant stated that such behaviors could not be viewed as acceptable ones as they humiliate people’s dignity and their fundamental rights guaranteed by the Constitution. Such actions also violate the Civil Rights Act of 1964, which guarantees tolerant, equal, and appropriate attitudes to all citizens and protects them from acts of inappropriate behavior. Moreover, Ann Faragher insisted that such actions should be viewed as cases of discrimination based on gender, which is unacceptable in society and at the workplace. Additionally, because the City hired such supervisors, it should be held responsible for their misbehavior and conduct, resulting in the alteration of the employment conditions. As a result of such actions, a negative working environment was established and caused severe moral harm to the claimant.
Having analyzed all reasons offered by the parties and appealing to the Civil Rights Act, the District Court concluded that the City should be held liable for the supervisors’ actions and their misconduct. At the same time, the Court of Appeals also stated that Terry and Silverman did not follow the major terms of their employment. Their harassing conduct resulted in the emergence of a conflict situation and critical deterioration of the situation. Another critical idea emphasized by the Court was that the supervisors’ agency relationship with Boca Raton did not promote these activities. Under these conditions, the case of misconduct emerged because of their own decisions. Finally, another ruling stated that the City could not be responsible for negligence in failing to prevent acts of misconduct like that.
History of Case
A federal district court took the side of Faragher, using the Civil Rights Act to justify their ruling and insisting on the fact that such harassment is unacceptable. Thus, the City could litigate because of the absence of evidence that the City did not disseminate among employees. The Eleventh Circuit Court of Appeals ruled in favor of the City during the following case investigation. However, the claimant appealed to the U.S. Supreme Court, which overturned the Eleventh Circuit Court of Appeal’s decision. However, the City avoided being held responsible because of the conditions mentioned above. It gave rise to Faragher’s affirmative defense, implying that employers should demonstrate reasonable care to prevent such sexual harassment issues.
Legal Question
The central legal question in the case can be formulated in the following way:
Can an employer be held liable following the Title VII of the Civil Rights Act of 1964 for the employees’ acts of sexual harassment aimed at subordinates and resulting in the creation of an inappropriate working environment and the emergence of employment discrimination cases?
Answering this question, it is possible to conclude whether the defendant can be held responsible.
Opinion
The main opinion was offered by Justice David Souter, referring to Meritor Savings Bank FSB v. Vinson decision. He stated that there was a conflict between views on harassing behaviors peculiar to supervisors and a new modern view. It implied that all supervisor behavior is foreseeable and should be controlled by employers. It assumed that the employer might be indirectly liable for the hostile environment. The opinion was supported by the majority, as Rehnquist, Stevens, and O’Connor agreed.
Dissent Opinion
The dissenting opinion was introduced by Justice Thomas, saying that an employer cannot be held vicariously liable if a supervisor creates a hostile environment. He referred to Burlington Industries v. Ellerth case. This opinion was supported by the minority; only Scalia joined.
Decision on Holdings
The Court ruled that the City could be held liable for the actions of all employees, meaning that the claims made by the plaintiff, Ann Faragher, were considered fair. However, the Court also stated that because of the specific conditions, such as the disregard of existing methods to address the problem of gender discrimination, the City could not be held liable for negligence in failing to prevent harassment cases.
Conclusion
In such a way, the dispute became an important case in dealing with harassment issues. Thus, the ruling provided citizens with the chance to appeal to the Court to protect their rights and struggle for their freedoms. However, another important fact is that employers acquire the chance to avoid such claims by using Faragher’s affirmative defense.
References
Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
O’Brien, D., & Silverstein, G. (2020). Constitutional law and politics: Civil rights and civil liberties (11th ed.). W. W. Norton & Company.
Wasserman, H. (2018). Understanding civil rights litigation (2nd ed.). Carolina Academic Press.