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Unformatted text preview: lity toward women because they are women can obviously result
from conduct other then explicit sexual advances. Title VII " 'evinces a Congressional
intention to define discrimination in the broadest possible terms. Congress chose neither
to enumerate specific discriminatory practices, nor to elucidate in extensor the parameter
of such nefarious activities.' "
842 F.2d at 1014 (quoting Firefighters Institute for Racial Equality v. City of St. Louis,
549 F.2d 506, 514 (8th Cir.1977)). 123 When all of the alleged instances of harassment, whether sexual or non-sexual in nature,
are taken into account, the jury's verdict is indeed supported by the evidence. Mrs.
Russell testified that on her first day on the job, Holder indicated that he expected Doral
to hire a male and voiced his disgust to her that it hired a female instead. Mrs. Russell did
not reply, but introduced herself to Holder and extended her hand, and Holder responded
by pulling Russell to him and kissing her on the cheek. Although Holder denied that this
incident occurred, for the purposes of analyzing the judgment notwithstanding the verdict
we are required to resolve this conflict in Mrs. Russell's favor. That being said, if the jury
believed that the first-day incident did in fact take place, then it was certainly reasonable
for the jury to conclude that this incident was the first link in a long chain of gender
harassment which involved both sexual and non-sexual conduct. In other words,
construing every reasonable conclusion which may be drawn from the evidence in favor
of Mrs. Russell, Holder's actions on Mrs. Russell's first day of employment--which were
clearly directed at Mrs. Russell because of her gender--lead to the reasonable *379
conclusion that Holder's subsequent actions were likewise directed at Mrs. Russell
because of her gender. Additionally, the Record is replete with instances where Mrs.
Russell voiced her complaints regarding Holder's conduct.
In addition to concluding that the tria...
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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