Faragher v. City of Boca Raton

At issue in Faragher v. City of Boca Raton (1998) was whether a public employer could be liable for sexual harassment committed by supervisory employees. The Court ruled that an employer could be liable in such circumstances but also outlined affirmative defenses that employers might make to such claims. Although Faragher did not take place in a school setting, the Supreme Court's analysis should be useful for educators in the public sector, because it details the duties of those who serve in supervisory capacities in the face of complaints dealing with sexual harassment. Faragher underscores the necessity for employers, including universities and school boards, to have suitable sexual harassment policies in place. The failure of school, and other, employers to have such policies would generally ...

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