Beth was a lifeguard at a community pool, owned by the city. While at work, she often experienced harassment by male supervisors, including unwanted touching
Beth was a lifeguard at a community pool, owned by the city. While at work, she often experienced harassment by male supervisors, including unwanted touching and sexually explicit comments. Beth repeatedly refused the advances and was terminated for "poor performance" though her reviews had always been positive. She filed suit against one supervisor asserting claims under Title VII of the Civil Rights Act of 1964 for creating a sexually hostile atmosphere. Asserting also that he was an agent of the city, Beth argued that his conduct amounted to discrimination. During her employment, the city adopted a sexual harassment policy which it stated in a memorandum from the City Manager addressed to all employees; however, it failed to distribute a copy to any lifeguard or supervisor of lifeguards. Can the city be held liable as an employer for the acts of an employee whose sexual harassment of subordinates created a hostile work environment amounting to discrimination?
a. No, because the city had developed a sexual harassment policy.
b. No, if the employees were not acting in the scope of their employment while engaging in the discriminating behavior.
c. Yes, an employer can be vicariously liable for the actions of an employee.
d. Yes, even if it terminated the supervisor after discovering the misconduct.
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