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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.
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,
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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