Faragher v. City of Boca Raton

Faragher v. City of Boca Raton, 524 U.S. 775 (1998), is a US labor law case of the United States Supreme Court in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination.

In 1992, Beth Ann Faragher brought to the city's attention that her supervisors, Bill Terry and David Silverman, had created a "sexually hostile atmosphere" at work and there was constant offensive touching which was not invited.

[1] "Following a bench trial, the District Court concluded that the supervisors' conduct was discriminatory harassment sufficiently serious to alter the conditions of Faragher's employment and constitute an abusive working environment.

"[2] The complaint contained specific allegations that Terry once said that he would never promote a woman to the rank of lieutenant, and that Silverman had said to Faragher, "Date me or clean the toilets for a year.

[1] The Court considered the interaction between prior sexual harassment cases and the Restatement of Agency, and found that the City is responsible for the employer's actions based on Title VII, subject to an affirmative defense.