Premium Essay

Faragher vs. City of Boca

In: People

Submitted By senra73
Words 957
Pages 4
1. Why was the case brought? Give a summary of the factors that lead to the case. This case is about Beth Ann Faragher, who in 1992, after resigning her position as a lifeguard brought action against the City of Boca Raton. She stated that both her supervisors, Bill Terry and David Silverman, had created a "sexually hostile environment" at work repeatedly subjecting Faragher and other female lifeguards to "uninvited and offensive touching," by making lewd remarks, and by speaking of women in offensive terms. Faragher was not the only woman being treated this way. Nancy Ewanchew had brought it to the City's Personal Director's attention hoping to put an end to the way they were being treated, however the problem continued. That is when Faragher then decided to take her case to court. She claimed that this behavior constituted discrimination in violation of Title VII of the Civil Right Act of 1964.
The District Court concluded that her supervisors' conduct was sufficiently serious to alter the conditions of her employment and constitute an abusive working environment. Faragher stated that in many ways the agency relationship had facilitated Terry and Silverman in creating a sexually hostile work environment such as abusing their power to keep the workers in line while making offensive remarks. The Court held that the city could be held liable. It made that determination because of three factors. First, it considered that the harrassment was prevalent and that the city should have been aware of it. Second, the city was liable under traditional agency principles as the defendants were acting on the city’s behalf during that time. Lastly, Gordon's knowledge of the incident and his inaction further indicates liability.
The Court of Appeals, however, stated that Faragher's supervisors were not acting within the scope of their employment and instead acting only…...

Similar Documents

Free Essay

Circuit City vs. Canon with Diversification

...business decisions of diversification. The first company, Circuit City, was unsuccessful at broadening their business, and eventually had to shut down the business. The other company, Canon, was successful at broadening their brand and scope of the business. This paper will compare and contrast their businesses, outcomes and reasons for the differences. Circuit City was established by Samuel S. Wurtzel in 1949 as the Wards Co. that sold Televisions and home appliances. Over the course of time, it expanded into a national retail powerhouse that rebranded itself Circuit City in 1984. When the store was still operating, it was the “nation’s second-largest consumer electronic retailer” (Mui, 2008, p.D1). When it closed in January 16, 2009, it had 567 stores to close and 34,000 employees out of work. (Haynes, 2009, p.D1). In 2007, the company “posted nearly $320 million in losses, its second consecutive annual shortfall. (Mui, 2008, p.D.1) In 2008, the companies “most recent quarterly showed that it had assets of $3.4 billion with $2.3 billion in liabilities.” (Mui, 2008, p.D1). Circuit City did not have much of an international presence, but it did have stores in Canada which did not account for much of its business. In the economic downturn, “Circuit City neglected to improve its web presence, just as other on-line retailers like Amazon.com were hitting their stride” (Hamilton, 2008). The Circuit City brand was purchased by Systemax, which uses the brand to sell......

Words: 2019 - Pages: 9

Free Essay

Va Abc vs Tri Cities Crime

...liquor sales affect the crime rates in the Richmond Tri-Cities area? The Authorization Statement The purpose of this comprehensive data analysis will utilize secondary data to determine if there is a direct correlation between liquor sales and crime rates in the tri- cities area. Project Summary TITLE: The proposal will provide a comprehensive data analysis regarding is there a direct correlations between liquor sales and crimes rates in the tri-cities area PROJECT DESCRIPTION: The purposed project analysis will collect 10 years of sales data from the Virginia ABC Board and the City of Richmond, Henrico County, and Chesterfield County crime statistics reports in an effort to determine if liquor sales have an effect on the crime rates in the tri-cities area. Due to the large data volume, the team will provide the following data analysis: i. Provide two sets of independent data that will be composed into Scatter Charts. ii. If the team determines there is a direct correlation between liquor sales and crime rates, the team will proceed in determining the Linear Regression and the Coefficient of determination regarding liquor consumption and criminal behavior. iii. A comprehensive summary report with itemized data and presentation will be presented with an answer to the teams’ hypothesis: Does liquor sales affect the crime rate in the Richmond Tri-cities area? SCOPE OF PROJECT To determine if......

Words: 2723 - Pages: 11

Free Essay

Living in the City vs the Counrty

... EVANS 1 Living in Hampton, VA. Differs from Living in Newsoms, VA. in environment, People, and Cost of Living. There is a wide variety of housing options in the Hampton Roads area, which consists of seven major cities, numerous rural towns and several waterfront communities. Living in a big city is very different from living in a small country town. The three areas of major differences: are the environment, the people, and the cost of living. The city of Hampton , Va and the town of Newsoms differ in environment, people, and the cost of living. First, Hampton and Newsoms differ in environment. In Hampton, approximate population is 8 million people; there is a variety of housing options from luxurious condominiums on the waterfront to one hundred-year-old Victorian style homes, various apartment buildings and single family homes. Hampton also has several universities, libraries, sports complexes. Hampton is fairly compartmentalized, crowded, and congested with limited views. All the roads are paved; there are concrete sidewalks, but tress and......

Words: 830 - Pages: 4

Premium Essay

Analysis of the Supreme Court of the United States Case of Faragher V. City of Boca Raton

...Case Review #1: Analysis of the Supreme Court of the United States case of Faragher V. City of Boca Raton (5 points).   Search the internet and find The Supreme Court of the United States case of Faragher V. City of Boca Raton.    Analyze and present a summary of the case. When preparing the summary, make sure you answer the following questions: 1. Why was the case brought? Give a summary of the factors that led to the case. The case is around Beth Ann Farangher, she was a lifeguard that brought to the city’s attention that her supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. The two super visors would initiate constant offensive touching that was un-invited and also speak about women in offensive terms. Farangher stated that Terry would repeatedly touch the female life guards without being invited to do so. The complaint contained allegations that Terry once said the he would never promote a woman to the rank of lieutenant. Silver man had also said to Faragher, “Date me or clean toilets for a year.” A major problem with the case was if the problem had been going on for a while, then it should have been brought to the city’s attention earlier. 2. Based on the case what are two defenses against sexual harassment that can be used by an employer? 3. What is the relevance of this case to Human Resource Management? The result of the Farangher case is relevant is human resource management because the manner......

Words: 311 - Pages: 2

Free Essay

City vs Third World

...The difference between a city in the U.S. and a village in a third world country are night and day. Many of the advancements that we carry here in the U.S. lack in third world villages. For example, advancements of technology, luxuries, environment, and even day to day social life. One might be lead to believe that the city life is better than village life. However there are so many advantages and disadvantages in city life and village life. City life is more comfortable and offer more opportunities for people to progress. There are a lot of facilities for people in the city and they have more opportunities to establish monetary funds for themselves. Children living in the city can get a higher education, because there are better overall schools in a city as oppose to a village. When a person becomes sick there are both public and private hospitals to recieve treatment from. People in the city have better transport facilities compared to a village. In the city there is electricity, highway, communication, telecommunication, plumbing and sewage. All of these things make a comfortable and enjoyable life for people living in the city. Although living in the city has many advantages there are a few disadvantages as well. Living in the city can be very costly and overpopulated, which can leave you feeling clustered. The environment is polluted with dust, smoke, garbage and dioxide gases from factories. The crime rate is substantial as oppose to the village therefore, many thefts...

Words: 906 - Pages: 4

Premium Essay

Faragher

...Faragher v. City of Boca Raton, 524 U.S. 775 (1998), 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.[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."[1] 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] Faragher states that there......

Words: 715 - Pages: 3

Premium Essay

Circuit City vs Best Buy

...Circuit City opened their doors with the mark of a new beginning of the electronic superstore. Once they became the leading specialty retailer for brand name electronics, the company growth and profits were increased more with launch of new innovative electronic products. At this point, Circuit City had 113 stores operating, and was steadily expanding to larger number of superstores. In 2000, Circuit City’s CEO Akan McCollough made the decision to eliminate the appliance line because he believes appliances didn’t have the same demand/growth potential as electronics. This resulted to six distribution centers closing, and eliminated over 1000 jobs. McCollough needed to expand else where once the appliance were shifted out. Circuit City put the focus in to expanding their imaging and entertainment products. In with the elimination of appliances, came with the restructure which resulted in Circuit City failure to secure prime real estate they opted for low cost leases areas that inconvenienced consumers. Best Buy, one of their major competitors aggressively pursued quality locations with promising lease negotiations which in turned allowed Best Buy to have better real-estate that consumers appreciated. Best Buy opened their doors in an attempt to capture a share of the Twin Cities’ home and car stereo retail market. Richard M Schulze quickly realized there was not future in that market with customers with limited resources. His next step was to expand and offer appliances......

Words: 521 - Pages: 3

Premium Essay

City vs Country Living

...City vs. Country Living Tired of waking up to gunshots or sirens at 3 A.M? Does the thought of crickets being the loudest noise around sound appealing? Big city living and country living both offer a place to lay down roots and make a house a home. It has always been a controversial decision when determining whether country living or city living is best, it is all based on what people’s perception of living is. But, both would require a particular type of person due to the dramatic differences each has. The difference between the city and country are; surroundings, entertainment, transportation, employment, and education. The city offers a variety of buildings of all different shapes, and sizes. The bright lights at night can be real pleasing to the eyes such as the Space Needle in Seattle, Washington or the Empire State Building in New York City, New York. People travel from all over the world to see these kinds of structures. Which leads us to the wonderful 5 mile an hour bumper-to-bumper traffic, and beautiful brownish/yellow tinted skies. There are houses as far as the eyes can see; they are so close that best friends can basically jump from rooftop to rooftop. Where as in the country, there might not be another house or car for miles. Trees or large open fields usually surround the houses; this may be the main reason for the fresh, crisp clean air. People can lie out at night and count the stars, since there are no distractions from buildings or bright lights.......

Words: 949 - Pages: 4

Premium Essay

Analysis of Smith vs. the City of Jackson

...case of Smith vs. The City of Jackson is based on age discrimination and the interpretation that companies use to circumvent the process. The City of Jackson, Mississippi contends that Mr. Smith could no longer meet the physical requirements for the job that he held. Mr. Smith argues that the standards that were used to dismiss him from his job are not relevant to his duties. Mr. Smith is supported in this argument by the Trial lawyers for Public Justice (TLPJ) which contend that the city of Jackson, Mississippi used facially neutral practices to dismiss Mr. Smith. Facially neutral practices are described as stringent requirements; i.e. physical requirements, test scores, or special talents placed upon a job or task that are non age related. One might argue that many jobs require certain physical and mental attributes to perform the task, which in many cases may be true. But the legal argument here is that the Age Discrimination in Employment Act (ADEA) has addressed this discrimination by declaring the Reasonable Factors Other than Age (RFOA). The (RFOA) recognizes that companies and institutions use discriminatory test and physical requirements to circumvent age discrimination. In addressing (RFOA) it becomes incumbent upon the employer to prove that any test or physical conditions placed on a task are pertinent to that task. This action will not only protect the employer but the employee as well from future discrimination cases. The case of Smith vs. The City of......

Words: 574 - Pages: 3

Free Essay

City

...World War II, the land became valuable to developers who wanted to build homes. To meet this pressure, the City of Dairy Valley was incorporated in 1956. Dairy Valley later became the city of Cerritos. The demand for land became so great that the dairymen sold their dairies and moved their operations to the east in Chino and to Central California.”("The official artesia," ) “The Artesia Water Tower, the familiar inactive water storage tank located on Clarkdale Avenue just south of 183rd Street, has been a familiar site for citizens of Artesia for many years. However, little is known of its active past or when it was actually constructed. In an attempt to declare the Tower a Historical Landmark the City is asking citizens who may have information to share about its past, or have dated pictures of the tower to come forward. The Tower, which can store up to 50,000 gallons of water, was once owned by the Southern California Water Company, and was sold to the City of Artesia as an inactive water storage facility in 1988. The tower was purchased by the City to be used only as a point of historical interest, and to provide a special identity to the community. When the City of Artesia purchased the tower, the then green tower was quickly painted to its current color with the addition of the name Artesia painted on two sides.” ("The official artesia," ) “Every two months the City of Artesia publishes a community newsletter called the  Artesian. In each issue page 4 is reserved......

Words: 796 - Pages: 4

Free Essay

Circuit City vs Tweeter Center

...I think our two main competitors for this project are circuit city and tweeter, what i did this morning was to research the prices they are charging for electronic options on cars. If anyones interested in the websites they are circuitcity.com and tweeter.com Keep in mind that for almost all these products Tweeter offered free shipping, on certain items, like Cd players, circuit city was offering free installation Cd Players and Changers Tweeter - Lowest Cd Player - $79 Highest Cd Player - $600 Circuit City - Lowest CD Player - $59 Highest CD Player - $699 I found they both were selling the same player, the pioneer DEH 1900MP,the details on this player can be found at http://www.circuitcity.com/ssm/Pioneer-In-Dash-Player-DEH-1900MP/sem/rpsm/oid/170131/rpem/ccd/p roductDetail.do Tweeter Price - $99.99 Circuit City Price - $99.99 Remote Starters Tweeter - Lowest Remote Starter - $49.99 Highest Remote Starter - $229.99 Circuit City - Lowest Remote Starter - $59.99 Highest Remote Starter - $549.00 couldn't find a matching item for this one GPS Systems Tweeter - Lowest GPS System - $249.99 Highest GPS System - $1,799.99 Circuit City - Lowest GPS System - $79.95 Highest GPS System - $1,699.99 They are both carrying the TomTom OneB GPS system, again if u want more information on this GPS...

Words: 472 - Pages: 2

Free Essay

Cities

...signature store in Brooklyn, NY. I believe that hydroponic farming can be the key to creating a city with a natural eco-system that produces food for local consumption while conserving energy and water, recycling waste and reducing carbon footprint. The chart on the left side displays the difference between a terminal market and a farmers market in terms of how far food travels. And as can be seen, farmers market sources its food locally, while terminal market uses the conventional supply chain. The difference is almost ten folds. Meaning local food requires 10x less energy, less fossil fuel consumption and less human capital. Source: Leopold Center for Sustainable Agriculture. Data: U.S. Department of Agriculture As all the research points out to, the population increase will majorly happen in large cities. On this basis, the leaders of the world must start to act upon this awaited population change. The way we supply our food is damaging the environment and our future on earth; and it needs to change. It is vital that we start shifting medium to large scale cities into sustainable cities. The opportunities are endless. Cities must start incorporating solar PV, thermal solar and passive solar systems for electricity generation, water heating and HVAC heating respectively. Incorporating urban farms into the food supply chain, educating the under privileged demographics of cities to be employed in these farms will help solve demographical problems as well as help......

Words: 874 - Pages: 4

Premium Essay

Country Living vs City Living

...COUNTRY HOOK: Do people typically prefer to live in the country rather than in the city? William Penn once said, “The country life is to be preferred; for there we see the works of God; but in cities, we see little else but the works of men.” INTRODUCE THE ISSUE: Even after considering all of the negative aspects of living in the city, such as the crime rate, pollution, traffic, and the noise level, city life still offers a lot of daily conveniences. Some conveniences that city life offers are public transportation, a variety of stores, and restaurants, and lots of places to live and work. However; people who have lived in both the city and the country, know that country living is better than city living. STATE POSITION CLEARLY: The environment of a rural life style, the peace, and quiet, the beauty of nature, and the calming effect that it has on one’s mind and body, is the reason that people prefer living in the country rather than in the city. TRANSITION TO ESSAY BODY (THESIS): People prefer to live in the country because there are many advantages, and simple pleasures that can only be attained by living there. PRO REASON 1: There are no traffic jams in the country, and people need not travel to experience the wonders that nature has to offer. SUPPORTING EVIDENCE: There is no traffic in the country, so typically, the sound of passing cars, and trucks is not heard as frequent as in the city. The load noise of the sirens from fire trucks, police cars, and......

Words: 971 - Pages: 4

Premium Essay

Cities

...complex ones in cities. However, cities are where the action is. Therefore, new subfield of anthropology emerged, urban anthropology, emphasizing issues of the cities in undeveloped and industrialized countries. This might be due to the reason that anthropology aspires to study universals and wider perspective of human condition. And also cities represent a ‘gateway; to fieldwork which mainly takes place in towns, peasants villages, rural areas etc. Gateway, not just in a physical sense of airports, train & bus stations, but also in sense of communication, expertise (universities, academics etc.), government etc. Although, to interpret issues of cities, the slums, & shanty towns can be done only in terms of forces which lead people to migrate from the countryside. 1. There are a lot of questions studied by both anthropologists and sociologists related to comparative studies of cities and understanding human ways. These phenomena are those of comparison of urban experience in underdeveloped countries. For instance, issues like kinship ties and stresses of urban life and its effects of crowding on aggression and frustration. Thus Anderson argues, on this topic, that due to cultural ways of dealing with crowding the pathological effects on urban Chinese living in Hong Kong are minimized. More importantly, Gideon Sjoberg, created so-called idealized model of the preindustrial cities, in other words, cities of antiquity. One can say that ancient’s city was of......

Words: 832 - Pages: 4

Premium Essay

City vs Rural

...Candace Thackeray C. Demo ENG 100 06/08/2015 City vs. Rural Many people have debates on whether it’s better to live in a city or a rural environment. There are many differences, advantages and disadvantages of the two. It solely depends on the individuals work lifestyle. Cities have a much higher success rate for businesses. Here are some advantages of living in a city and some disadvantages of living in a rural environment. There is a big difference in means of transportation between city life and rural life. Cities have bus and train routes for people to utilize for commuting around the city, the routes also run through surrounding cities as well, making it easier to travel further when the individual has no vehicle or wants to save on gas. The cities transportation system operates throughout the day and night, making it more reliable to those traveling with extended or flexible schedules. In a rural area; homes, businesses, and shopping areas are further apart, so it’s likely to have a huge lack in means of transportation other than one’s own vehicle. Cities, having larger populations, an abundance of businesses and apartment buildings, makes it easier to find a neighbor or someone that resides relatively close for carpooling. With the distance between residences, businesses, shopping centers and the smaller population in rural areas, finding someone to car pool with may be difficult. With cities being so compacted, people have shorter distances to......

Words: 768 - Pages: 4