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Unformatted text preview: inton v. Supervision Int'l, Inc., 942 So.2d 986, 989 (Fla. 5th DCA 2006). [4] Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e, in turn, forbids sex-based discrimination that alters the terms and conditions of employment in either of two ways: First, by way of a tangible employment action, such as a demotion, pay reduction or firing; or Second, by creation of a hostile workplace environment caused by sexual harassment that is severe enough to effect an alteration. Baldwin v. Blue Cross/Blue Shield of Alabama, 480 F.3d 1287 (11th Cir.) cert. denied, --- U.S. ----, 128 S.Ct. 499, 169 L.Ed.2d 341 (2007); Thornton v. Flavor House Products, Inc., 105 Fair Empl. Prac. Cas. (BNA) 336 (M.D.Ala.2008). We deal with the latter category here. Ms. Blizzard charged that the alleged harassment gave rise to two causes of action, one for creation of a hostile workplace environment, and the other for retaliation. A. The Retaliation Claim: 279 [5] [6] To establish a prima facie case of retaliation under section 760.10(7), a plaintiff must demonstrate: (1) that he or she engaged in statutorily protected activity; (2) that he or she suffered adverse employment action; and (3) that the adverse employment action was causally related to the protected activity. See Harper v. Blockbuster Entm't Corp., 139 F.3d 1385 (11th Cir.), cert. denied, 525 U.S. 1000, 119 S.Ct. 509, 142 L.Ed.2d 422 (1998). Once the plaintiff makes a prima facie showing, the burden shifts and the defendant must articulate a legitimate, nondiscriminatory reason for the adverse employment action. Wells v. Colorado Dep't of Transp., 325 F.3d 1205, 1212 (10th Cir.2003). The plaintiff must then respond by demonstrating that defendant's asserted reasons for the adverse action are pretextual. Id. [7] Here, there is sufficient evidence with respect to the first element because Ms. Blizzard asserted that Mr. Rock's actions constituted sexual harassment, an unlawful employment practice, and because there is some evidence that she brought her objections about his practices to the attention of some of her managers, supervisors and co-workers. The second element, an adverse employment action, is supported by the disputed evidence that she was...
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