Beth Ann Faragher, a lifeguard who worked for the city of Boca Raton for five years, brought an action with a claim for sexual harassment against her supervisors, Bill Terry and David Silverman. This claim was seen under Title VII which bars discrimination because of race, color, religion, sex, or national origin. She claimed that the actions performed by the supervisors had created a "sexually hostile atmosphere" at work which included continuous offensive touching that was not requested as well as offensive language to describe women. Faragher specified that occasionally, Terry would frequently touch the female lifeguards without permission. Moreover, Silverman, the other supervisor, would also make vulgar insults to the females. Nancy Ewanchew, another lifeguard who worked for the city, brought the situation to the City 's Personal Director, but the city only reprimanded by requiring the supervisors to choose between a suspension without pay or the penalty of annual leave. …show more content…
However, even though the city tried reversing the case and argued that the managers were acting accordingly to their activities, the courts’ panel recognized an affirmative defense to liability, even where the supervisors created the tortious environment. In order for the company to protect itself against the claim the defense required a showing of first, as stated on the