CourtCases2010

Affirmed possible or even probable future disability

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Unformatted text preview: fired. Finally, the causal relationship element is supported by the fact that she was purportedly fired on the day after she complained to a person from the Human Resources Department of Appliance Direct. It appears that there was enough evidence brought forward on each element of the retaliation claim to defeat a motion for directed verdict. Accordingly, we conclude that it was error to grant the motion. B. The Sexual Harassment Claim. [8] [9] [10] [11] The grounds for a sexual harassment claim under either Title VII of the Civil Rights Act of 1964, or under section 760.10(7), Florida Statutes (2007), can be either a tangible employment action or, as Ms. Blizzard asserts in this case, the *927 “creation of a hostile work environment caused by sexual harassment that is sufficiently severe or pervasive to alter the terms and conditions of work.” Baldwin. To establish a hostile work environment sexual harassment claim based on harassment by a supervisor, Ms. Blizzard was required to show: (1) that she is a member of a protected group; (2) that she was subjected to unwelcome sexual harassment, such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) the harassment was based on the sex of the employee; (4) the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment; and (5) there is a basis for holding the employer liable. Mendoza v. Borden, Inc., 195 F.3d 1238 (11th Cir.1999), cert. denied, 529 U.S. 1068, 120 S.Ct. 1674, 146 L.Ed.2d 483 (2000); Speedway SuperAmerica, L.L.C. v. Dupont, 933 So.2d 75 (Fla. 5th DCA 2006). Moreover, the “employee must show that the employer knew or should have known of the harassment, and yet failed to take remedial action.” Natson v. Eckerd Corp., Inc., 885 So.2d 945, 947 (Fla. 4th DCA 2004) (quoting Castleberry v. Edward M. Chadbourne, Inc., 810 So.2d 1028, 1029-30 (Fla. 1st DCA 2002)). The United States Supreme Court has held in this regard that “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) 280 authority over the employee.” Faragher v. City of Boca Raton, 524 U.S. 775, 777, 118 S.Ct. 2275,...
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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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