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Employment Discrimination Ethical Assessment
Rayne Everage
BUS 301
Legal and Ethical Issues in Business
Gordana Micevski
April 11, 2013
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Beth Ann Faragher filed a Title VII sexual harassment suit against the City of Boca
Raton due to an alleged sexually hostile atmosphere induced by her supervisors. When deciding
if the city should be held liable we need to first determine the form of sexual harassment.
“In quid pro quo cases, an employee is required to submit to sexual advances in order to
remain employed, secure a promotion, or obtain a raise. In the other—atmosphere of harassment
cases—the invitations, language, pictures, or suggestions become so pervasive to create a hostile
work environment” (Jennings, 651).
It is not defined in the text as to whether or not Ms. Faragher submitted to Mr.
Silverman’s comment “Date me or clean the toilets for a year.” Therefore I cannot say for certain
that this would be a quid pro quo, however, as stated in the Judicial Opinion portion of
Burlington Industries, Inc. v Ellerth, “When a plaintiff proves that a tangible employment action
resulted from a refusal to submit to a supervisor’s sexual demands, he or she establishes that the
employment decision itself constitutes a change in the terms and conditions of employment that
is actionable under Title VII” (Jennings, 652). Due to the fact that the threats were not carried
out, it classifies as a hostile work environment, which is how I would also classify Ms.
Faragher’s case.
Continuing on in regards to liability of the city for Mr. Silverman’s behavior, based on
the scope of employment it is a general rule that sexual harassment is not appropriate for
supervisor conduct. Also, Title VII states that we rely “on the general common law of agency,
rather than on the law of any particular State, to give meaning to these terms” (Jennings, 652). I
find that the city is liable for the reasons stated above and also due to tangible employment
actions brought on by the supervisor, who is granted authority by the enterprise, to a subordinate.
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The act of sexual harassment is a form of employment discrimination the employer (city) should
be held liable.
I do not feel it necessarily matters that Ms. Faragher only asked for nominal damages, she
is entitled to sue for whatever she feels she has right to. I do feel however that she should push
for other sorts of solutions, possible termination of employment for those involved in sexual
harassment suit, and found to be guilty. I believe the city is responsible for the individuals it
employs, to ensure they abide by and enforce the rules that are in place, and avoid the addition of
issues. In this case the supervisor represents management and portrays the city in a very negative
way, therefore the city should be held liable, and Ms. Faragher is entitled to whatever she deems
necessary for the harassment a supervisor of the city inflicted on her.
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References
Jennings, M. (2012). Business: Its legal, ethical, and gloabl environment. Mason, OH: SouthWestern Cengage Learning.