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Unformatted text preview: inton v. Supervision Int'l, Inc., 942 So.2d 986, 989 (Fla. 5th DCA 2006).
 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   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.
 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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- Spring '08