CourtCases2010

Emphasis supplied historically this subsection has

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Unformatted text preview: rse, showed favoritism to women who flirted with him, and employee had complained to her co-workers, zone manager and to human resources about supervisor's comments. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). Proof that sexual harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment has 276 subjective and objective component; plaintiff must show both that she subjectively perceived harassment to be sufficiently severe or pervasive to violate both federal and state statutes, and that from an objective point of view her perception was reasonable. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). Although sexually explicit remarks and actions of supervisor were not specifically directed toward female employee, remarks could support employee's claim of hostile work environment when evidence demonstrated how pervasive the harassment was, and how employee was essentially swept up in its backwash. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). *924 Maurice Arcadier of Allen & Arcadier, P.A., Melbourne, for Appellant. Christopher J. Coleman and Karl W. Bohne, Jr., of Schillinger & Coleman, P.A., Melbourne, for Appellee. MONACO, C.J. In this appeal we consider whether the trial court erred in granting a directed verdict during a trial in which the appellant, Neina Blizzard, sought damages against her former employer, Appliance Direct, Inc., for sexual harassment and retaliation in accordance with section 760.10, Florida Statutes. Because we conclude that there was sufficient evidence requiring that the case be submitted to the jury, we reverse. At the times critical to this case Ms. Blizzard worked as a sales associate in the Melbourne facility owned by Appliance Direct. Ms. Blizzard had a relatively long history of employment with Appliance Direct, and generally found the job and work environment to be somewhere between satisfactory and wonderful. Eventually, however, she...
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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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