1. Why was the case brought? Give a detailed summary of the factors that led to the case (250 words). Faragher v. City of Boca Raton (1998) was a 1990 lawsuit that went before the Supreme Court in 1998 after wending its way through the lower courts with various and opposing findings and appeals. Initially, Beth Ann Faragher filed a lawsuit because for sexual harassment that occurred while she was a life guard for the city of Boca Raton from 1985 to 1990. She worked for the Marine Safety Section of the Parks and Recreation Department for the City of Boca Raton. Her immediate supervisors were Bill Terry, David Silverman, and Robert Gordon (LII). In June 1990, Faragher resigned, and then brought the Title VII action against the city and her supervisors, asserting claims of sexual harassment in 1992. According to K. Gamble of Morehouse College, “Faragher maintained that her supervisors created a "sexually hostile environment" by subjecting her to …show more content…
The legal action was meant to set precedent about a public employer’s (or any employer) responsibility when it comes to the action of employees and claims of sexual harassment. For a human resources manager there are several implications. One is to make sure everybody has a copy of not just company policies on sexual harassment but all company policies and that each employee sign and agree that s/he has read and understands them. Another implication is that there should be regular training on how to prevent harassment. Perhaps even a liaison should be appointed for “delicate” matters such as sexual harassment. Some employees may feel embarrassed to talk about those issues with supervisors. If alleged sexual harassment occurs, it should be addressed
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
The case was decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined in a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those types of statements. With the application of strict scrutiny to this case, the Justices within the plurality found that the Stolen Valor Act was very broad and if it had more specific restric...
Faragher v. City of Boca Raton case was taken in by the Supreme Court of the United States on June 26, 1988. The case was brought up by Beth Ann Faragher, whom between 1985 and 1990, worked as a lifeguard for the City of Boca Raton, Florida. During these years, Faragher stated the two male supervisors, Bill Terry and David Silverman, performed several acts of sexual harassment against her, and several other female lifeguards. These acts ranged from sexual comments about these women’s bodies to asking them to engage in sexual intercourse with them. The Supreme Court of the United States ruled in favor of the City of Boca Raton under Title VII of the Civil Rights Act of 1964, that an employer may only be held responsible, if supervisory employees
Plaintiff Debra Denise Gregg filed a sexual harassment suit for violations of Title VII, and the District of Columbia Human Rights Act against Hay-Adams Hotel. She sought $1,000,000 in compensatory damages and $1,000,000 for damages resulting from emotional distress and $1,000,000 in punitive damages. Plaintiff Anthony Gregg brought the claim for damages resulting from loss of companionship and consortium in the amount of $1,000,000. The judges dismissed the case on the grounds that the plaintiff’s accounts lacked consortium and that the facts did not support her claims for emotional distress and punitive damage.
David Dunlap, a 52-year old African American male with 25 year boilermaker experience, 15 years of which include foreman experience, brought suit under Title VII, alleging racial discrimination by the TVA after being looked over after interviewing for positions within the TVA. The district court agreed that “Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants” (Walsh, 2010). The case was heard by the 6th District Court of Appeals and that court “affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap” (Walsh, ...
4. I choose this topic because it is such a controversial case in the Supreme Court's history. I wanted to learn more about the people involved in the case and what shaped their decision. I also wanted to know more about the legality and the a...
The Court affirmed the original decision by the summary judgment in favor of Trump Plaza Hotel & Casino. For the reason that the plaintiffs were unable to show that they were victimized by the Trump Plaza in reference to, the discrimination against majority nor discrimination in a pattern of sex that favored women over men.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
On August 8, the Federal Third Circuit Court of Appeals agreed. The court ruled that the Piscataway, N.J. Board of Education violated the Civil Rights Act when it fired Sharon Taxman, an "overrepresented" Jewish female school teacher, to make room for a black woman under the school system's affirmative action plan. The school district was ordered by the court to pay $144,000 in back pay. The judges' decision was based on their own investigation into the legislative history of Title VII ...
"Sexual harassment is a type of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, demands for sexual favors and other verbal or physical behavior of a sexual nature is inappropriate behavior when the behavior unequivocally or verifiably influences an individual’s employment, unreasonably interferes with an individual’s work performance or creates a scary, antagonistic or hostile workplace (Noe, 2011).” " Sexual harassment can be the point at which somebody feels uncomfortable or irritated in a sexual manner, for instance, this could be as a remark, joke, look, or motion. There are two noteworthy sorts of sexual harassment: Quid pro quo which is the point at which a man is punished for dismissing
The Equal Employment Opportunity Commission's (EEOC) sexual harassment guidelines and the Civil Act of 1964, indicate that Susan Parker was indeed sexually harassed throughout her employment at Plastech Industries. The EEOC has created a set of guidelines that determine liability. These EEOC guidelines say that "A key factor in determining liability is whether the employer has an effective internal grievance procedure that allows employees to bypass immediate supervisors (who are often the offenders)" (Making the Sale p.46). According to the EEOC and section 703 of Title VII in the Civil Act of 1964, sexual harassment is:
Eliza G.C. Collins and Timothy B. Blodgett. "Sexual Harassment…Some See It…Some Won’t" Harvard Business Review, March 1981. Web. 6 June 2015.
The number of sexual harassment cases that are reported each year should be a wakeup call to Corporate America (cost in dollars and productivity) and a concern for society in general (moral collapse). The Equal Employment Opportunity Commission (EEOC) reports that from fiscal years 2010-2013, there were 30,580 reported sexual harassment claims resulting in monetary payouts of 173.9 million dollars (Sexual Harassment Charges (EEOC Only), 2014, p.1). Sexual harassment can happen to a man or woman, however as I stated in my previous paper I will research the effects of sexual harassment, specifically a hostile work environment toward women and the effects this has on the victims,
The Supreme Court's recent rulings are motivating employers to take actions that reflect their compliance with federal laws as protection against sexual harassment litigation. Emerging from the literature on sexual harassment prevention are three key steps that employers can take to counter sexual harassment (Kimble-Ellis 1998; "Protecting Employees" 1998):
Do not become part of the statistics of such shameful acts. Get help with the sandbox! Finally, sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace, in order to avoid having more victims.