Faragher v. Boca Raton, 524 U.S. 775, 19 (1998)

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

Opinion of the Court

B

The Court of Appeals identified, and rejected, three possible grounds drawn from agency law for holding the City vicariously liable for the hostile environment created by the supervisors. It considered whether the two supervisors were acting within the scope of their employment when they engaged in the harassing conduct. The court then enquired whether they were significantly aided by the agency relationship in committing the harassment, and also considered the possibility of imputing Gordon's knowledge of the harassment to the City. Finally, the Court of Appeals ruled out liability for negligence in failing to prevent the harassment. Faragher relies principally on the latter three theories of liability.

1

A "master is subject to liability for the torts of his servants committed while acting in the scope of their employment." Restatement § 219(1). This doctrine has traditionally defined the "scope of employment" as including conduct "of the kind [a servant] is employed to perform," occurring "substantially within the authorized time and space limits," and "actuated, at least in part, by a purpose to serve the master," but as excluding an intentional use of force "unexpectable by the master." Id., § 228(1).

Courts of Appeals have typically held, or assumed, that conduct similar to the subject of this complaint falls outside the scope of employment. See, e. g., Harrison, 112 F. 3d, at 1444 (sexual harassment " 'simply is not within the job description of any supervisor or any other worker in any reputable business' "); 111 F. 3d, at 1535-1536 (case below); Andrade v. Mayfair Management, Inc., 88 F. 3d 258, 261 (CA4 1996) ("[I]llegal sexual harassment is . . . beyond the scope of supervisors' employment"); Gary, 59 F. 3d, at 1397 (harassing supervisor acts outside the scope of his employ-

793

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