Faragher v. City of Boca Raton Flashcards

Questions and Answers

What is the Court of Appeals?

The district court entered judgment for Faragher on her Title VII claim against the City, awarding her $1 in nominal damages.

What standard does the Court of Appeals use for reviewing a district court's finding of fact?

Clearly erroneous standard (correct)

Preponderance of the evidence

Beyond a reasonable doubt

De novo standard

What argument does Faragher make regarding the City's liability?

Faragher argues that the status of the supervisors combined with their conduct makes the City liable for hostile environment sexual harassment.

In a pure hostile environment case, a supervisor's harassing conduct is typically within the scope of his employment.

False Signup and view all the answers

Strict liability is logical in a pure hostile environment setting.

False Signup and view all the answers

What did the district court find regarding supervisors' conduct?

The district court found that the supervisors' conduct created an abusive working environment. Signup and view all the answers

What did the U.S. Supreme Court address in this case?

The U.S. Supreme Court granted certiorari to address divergence among Courts of Appeals on employer liability standards for hostile environment harassment. Signup and view all the answers

The affirmative defense requires a showing that the employer exercised reasonable care to avoid ______.

harassment Signup and view all the answers

The affirmative defense requires that the complaining employee failed to act with '______' to take advantage of the employer's safeguards.

reasonable care Signup and view all the answers

The claim categorized as a hostile work environment only required a showing of isolated incidents.

False Signup and view all the answers

What does the Court state regarding an employer's obligation?

The Court states that there is a statutory policy to recognize the employer's obligation to prevent violations. Signup and view all the answers

What principle does the Court state about victims recovering damages?

The victim should not recover damages that could have been avoided if she/he had taken preventative action. Signup and view all the answers

How long did the harassment alleged in this case occur?

Intermittently over a 5-year period between 1985 and 1990. Signup and view all the answers

What did the City's Employment Handbook state regarding complaints?

Employees could speak to the City’s Personnel and Labor Relations Director about problems at work. Signup and view all the answers

An employer can be held vicariously liable if a supervisor creates a hostile work environment, even without adverse employment consequences.

False Signup and view all the answers

What significant action did the Equal Employment Opportunity Commission (EEOC) take in March 1990?

The EEOC issued a policy statement enjoining employers to establish complaint procedures for sexual harassment. Signup and view all the answers

Who authored the opinion for the U.S. Supreme Court in the case argued on March 25, 1998?

Justice David Souter. Signup and view all the answers

Boca Raton had a sexual harassment policy that was distributed to lifeguards.

False Signup and view all the answers

Study Notes

Court of Appeals

The district court awarded Faragher $1 in nominal damages after ruling in her favor on her Title VII claim against the City.
Findings of fact by the district court are reviewed under the "clearly erroneous" standard.
Faragher contended that the conduct of supervisors Terry and Silverman rendered the City liable for hostile environment sexual harassment.
In pure hostile environment cases, a supervisor's harassing conduct is generally considered outside the scope of employment.
Strict liability principles do not apply in a pure hostile environment scenario.
Harassment perpetrated by a supervisor may fall within the scope of their employment, as highlighted in a prior case.

Federal Highlights

The district court determined that supervisors’ actions created an abusive working environment, resulting in the City being held responsible.
The Supreme Court granted certiorari to address differing standards on employer liability among various Courts of Appeals regarding supervisory harassment.
Employers can raise an affirmative defense by demonstrating they exercised reasonable care to prevent and address harassment.
Complainants must show that they acted with "reasonable care" to utilize the employer’s safeguards and prevent avoidable harm.

UCSC (U.S. Court System Commentary)

The Court's opinion elaborated on different bases for imposing employer liability due to supervisor actions.
Employees subjected to harassment may hesitate to report due to fear of repercussions from their supervisor.
The Court aims to establish a clear statutory policy to aid Title VII enforcement, recognizing employer obligations to prevent harassment.
Victims cannot recover damages if they failed to take reasonable steps to utilize their employer's preventive measures.

Legal Info Institute

The harassment in this case occurred intermittently over a five-year period, from 1985 to 1990.
The City's Employment Handbook allowed employees to discuss complaints with the Personnel and Labor Relations Director.
Without adverse employment consequences, an employer cannot be held vicariously liable if a supervisor creates a hostile work environment, as stated in a dissenting opinion regarding another case.
In March 1990, the EEOC issued guidelines encouraging employers to create complaint procedures for sexual harassment.

Encyclopedia

The case was argued before the Supreme Court on March 25, 1998, with Justice David Souter authoring the opinion.
Boca Raton had a sexual harassment policy, but it was not distributed to lifeguards, potentially creating an awareness gap.

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Description

Test your knowledge of the landmark case Faragher v. City of Boca Raton with these flashcards. The quiz focuses on legal terminology and significant court rulings related to Title VII claims. Perfect for law students and those interested in civil rights law.