Faragher v. City of Boca Raton

Decision Date13 May 1996
Docket NumberNo. 94-4878,94-4878
Citation83 F.3d 1346
PartiesBeth Ann FARAGHER; Nancy Ewanchew, Plaintiffs-Appellants-Cross-Appellees, v. CITY OF BOCA RATON, a political subdivision of the State of Florida, Defendant-Appellee-Cross-Appellant, Bill Terry; David Silverman, Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeals from the United States District Court for the Southern District of Florida (No. 92-8010-CIV-SH); Shelby Highsmith, Judge.

ON PETITION FOR REHEARING

(Opinion February 8, 1996, 11th Cir., 1996, 76 F.3d 1155)

Before TJOFLAT, Chief Judge, and KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. *

BY THE COURT:

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

* Senior U.S. Circuit Judge David W. Dyer has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

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4 cases
  • Daulo v. Commonwealth Edison
    • United States
    • U.S. District Court — Northern District of Illinois
    • September 11, 1996
    ...will a harasser act as the employer's agent in creating a hostile work environment."), en banc reh'g granted, decision vacated, 83 F.3d 1346 (11th Cir.1996), or concluded that such harassing conduct, by its very nature, is not within the scope of employment, see, e.g., Andrade v. Mayfair Ma......
  • Durham v. Philippou
    • United States
    • U.S. District Court — Middle District of Alabama
    • March 19, 1997
    ...shows that the court relied extensively on the Eleventh Circuit's decision in Faragher v. City of Boca Raton, 76 F.3d 1155, vacated, 83 F.3d 1346 (1996), to support its finding of direct liability in the absence of a quid pro quo claim. Moye, 924 F.Supp. at 1126-28. However, the Faragher de......
  • Faragher v. City of Boca Raton
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 15, 1997
    ...of Boca Raton, 76 F.3d 1155 (11th Cir.1996). That panel opinion was vacated and rehearing en banc was granted. Faragher v. City of Boca Raton, 83 F.3d 1346 (11th Cir.1996). III. Issues on We address two issues in this opinion: 3 First, whether the City may be liable under Title VII for Terr......
  • Chancey v. Southwest Florida Water Management Dist.
    • United States
    • U.S. District Court — Middle District of Florida
    • April 24, 1997
    ...Plaintiff responds that the cases on which the Court relied, Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir.1996), vacated 83 F.3d 1346, and Davis v. Monroe County Board of Education, 74 F.3d 1186 (11th Cir. 1996), vacated 91 F.3d 1418, rely upon standards defining hostile work envi......
5 books & journal articles

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