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Faragher v. City of Boca Raton
''Faragher v. City of Boca Raton'', , was a United States Supreme Court case 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. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
== Background ==
The case centered around a lifeguard resigning her position. 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 initially invited. The two supervisors would also speak about women in offensive terms. "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."〔 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."〔 Faragher states that there were many times these two supervisors had said things to her and other female lifeguards, and other lifeguards agreed.
Faragher stated that from time to time, Terry would repeatedly touch the female lifeguards without being invited to do so, and in areas that should not be touched without being invited. Silverman, the other supervisor would make frequent vulgar slurs to the females, such as referencing oral sex and speaking about female matters.〔 Faragher was not the only woman that was being spoken to this way, in fact another lifeguard, Nancy Ewanchew, had brought it to the City's Personal Director in an effort to put a stop to the way they were being spoken to, but the taunting did not stop. However, a major factor held against Faragher was if this problem had been going on for a while, then it should have been brought to the City's attention earlier.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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