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Unformatted text preview: mself, but the conduct continued.
That same month, she reported the conduct to Woods. Natson testified that she did not
tell Woods not to tell anyone about the situation. Woods told her that she would "take
care of it." Woods admitted that she talked to Natson about Nicolas's conduct, although
she recalls Natson telling her only that Nicolas made her uncomfortable. Woods did not
tell anyone about her conversations with Natson and no action was taken.
*947 Natson testified that after her conversation with Woods, the touching and verbal
harassment became worse. After another month she went back to Woods and asked her if
she took care of the problem. Woods said she had not but that she would talk to the
district manager, Patte Neville, the next day. That same day, Nicolas took an opportunity 256 to rub Natson's nipple while handing her a paper. At that point Natson decided to leave
and walked out of the store.
Natson returned the next day and spoke to the store manager, Daryl Turner. She informed
him that Nicolas had been touching her and making comments. She told Turner that she
had wanted to tell him, but every time she went back to his office, Nicolas followed her.
She told Turner that she had informed Woods about her problem, and Turner said that
Woods should have reported it to him so that something could be done. Turner then
called in the Human Resources Director, Marilyn Hannan, who conducted an
investigation during which she interviewed Natson and contacted Woods. Woods told
Hannan that Natson had complained to her on several occasions about Nicolas touching
her. Natson was eventually terminated by Eckerd and brought this claim for sexual
harassment. At the close of all of the evidence both parties moved for directed verdicts.
The court granted Eckerd's motion for directed verdict on its affirmative defense that
Natson failed to follow the company's policy on sexual harassment. This appeal follows.
 A motion for directed verdict should be granted only where the evidence and
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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.
- Spring '08