Faragher v. City of Boca Raton

In Faragher v. City of Boca Raton, 524 U.S. 775 (1998), the Supreme Court specifically held that the only situation in which the affirmative defense is unavailable to an employer is when the supervisor's harassment results in a tangible employment action. Faragher, 524 U.S. at 808. While the Court did note that the president of a corporate employer was "indisputably within that class of an employer organization's officials who may be treated as the organization's proxy," this statement was made in the context of discussing the variety of reasons invoked by courts of appeals to hold an employer liable for the harassing acts of its supervisors. See Faragher, 524 U.S. at 789-91. The Faragher Court does not hold that the affirmative defense is inapplicable after finding that a supervisor's actions may be imputed to the employer. See id. at 789. In fact, the Court expressly states that it could not recognize vicarious liability under Title VII unless the theory could be squared with the holding in Meritor that an employer is not "automatically" liable for a supervisor's harassment. See id. at 804.