This preview shows page 1. Sign up to view the full content.
Unformatted text preview: 't of
Health and Rehabilitative Servs., 790 So.2d 403, 407 (Fla.2001). A judgment
notwithstanding the verdict is appropriate only in situations where there is no evidence
upon which a jury could rely in finding for the non-moving party. See Stokes, 610 So.2d
 An order granting a new trial, which the trial court entered in the alternative, is
reviewed for an abuse of discretion, and such an order should be affirmed if the appellate
court determines that reasonable persons could differ as to the propriety of the action
taken by the trial court. See Brown v. Estate of Stuckey, 749 So.2d 490, 497-98
(Fla.1999). Moreover, in granting a motion for a new trial, the trial court must articulate
the reasons for doing so in its order. See id.
I. SEXUAL HARASSMENT CLAIM
 We conclude that the trial court erred in granting judgment notwithstanding the
verdict for Doral on Mrs. Russell's sexual harassment claim because there was evidence
to support the jury's verdict. Section 760.10(1)(a), Florida Statutes (2002), which
prohibits employers from discriminating against an individual with respect to their 122 employment based upon their gender, is derived from Title VII of the Federal Civil
Rights Act. In Green v. Burger King Corp., 728 So.2d 369, 370-71 (Fla. 3d DCA 1999),
we explained, "[i]t is well settled that when Florida statutes are adopted from an act of
Congress, the Florida Legislature also adopts the construction placed on that statute by
the federal courts insofar as that construction is not inharmonious with the spirit and
policy of Florida's general legislation of the subject."
In order to establish a claim of "hostile work environment" sexual harassment, Federal
courts have held that the plaintiff/employee must allege and eventually prove the
following five elements: (1) that the employee belongs to a protected group; (2) that the
employee was subjected to unwelcome harassment; (3) that the harassment was based on
the employee's gender; (4) that the harassment was severe enough to affect a term,
condition, or privilege of employment and to create a discriminatorily abusive worki...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08