Faragher v. Boca Raton, 524 U.S. 775, 5 (1998)

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Cite as: 524 U. S. 775 (1998)

Syllabus

(e) There is no occasion to consider whether the supervisors' knowledge of the harassment could be imputed to the City. Liability on that theory could not be determined without further factfinding on remand, whereas the reversal necessary on the supervisory harassment theory renders any remand for consideration of imputed knowledge (or of negligence as an alternative to a theory of vicarious liability) entirely unjustifiable. P. 810.

111 F. 3d 1530, reversed and remanded.

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, OTMConnor, Kennedy, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, post, p. 810.

William R. Amlong argued the cause for petitioner. With him on the briefs were Martha F. Davis, Yolanda S. Wu, and Eric Schnapper.

Irving Gornstein argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Wallace, C. Gregory Stewart, Carolyn L. Wheeler, and Gail S. Coleman.

Harry A. Rissetto argued the cause for respondent. With him on the briefs were Peter Buscemi, Mark S. Dichter, Mark A. Srere, and Victoria E. Houck.*

*Briefs of amici curiae urging reversal were filed for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, Marsha S. Berzon, and Laurence Gold; for the Lawyers' Committee for Civil Rights Under Law et al. by Marc L. Fleischaker, Jack W. Londen, Norman Redlich, Barbara R. Arnwine, Thomas J. Henderson, Richard T. Seymour, Teresa A. Ferrante, and Steven R. Shapiro; for the National Employment Lawyers Association by Margaret A. Harris and H. Candace Gorman; and for the National Women's Law Center, Equal Rights Advocates et al. by Lois G. Williams, Nancy C. Libin, Jane L. Dolkart, and Marcia D. Greenberger.

Briefs of amici curiae urging affirmance were filed for the Chamber of Commerce of the United States by Stephen A. Bokat, Robin S. Conrad, and Sussan L. Mahallati; for the Equal Employment Advisory Council by Ann Elizabeth Reesman; for the National Association of Manufacturers et al. by William J. Kilberg, Douglas R. Cox, Jan S. Amundson, and

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