CourtCases2010

inc 885 so2d 945 29 fla l weekly d2397 briefs and

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Unformatted text preview: harassment claim its policy on sexual harassment, which it says Natson did not follow. It *948 cites Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), in which the Supreme Court said: An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence, see Fed. Rule Civ. Proc. 8(c). The defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise ... No affirmative defense is available, however, when the supervisor's harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment. Faragher, 524 U.S. at 807-08, 118 S.Ct. 2275 (citations omitted). The trial court ruled as a matter of law that Natson did not suffer a tangible employment action as her termination was not the result of the sexual harassment, so the affirmative defense is available to Eckerd. The court directed a verdict in Eckerd's favor on the affirmative defense because (1) Eckerd exercised reasonable care to prevent sexual harassment by promulgating a reasonable policy, and (2) Natson unreasonably failed to take advantage of the preventative or corrective opportunities provided in the policy. The trial court found that Natson did not report to the appropriate designated person. Eckerd claims that its "official" sexual harassment policy is contained in its Policies and Procedures Manual. In its manual, an employee is required to report sexual harassment to his or her super...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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