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for retaliation in the second count. At the conclusion of the plaintiff's presentation of
evidence the trial court granted a motion for directed verdict on both counts. Ms. Blizzard
   A motion for directed verdict should be granted only where no view of
the evidence, and no view of the inferences drawn from the evidence could support a
verdict for the nonmoving party. Tenny v. Allen, 858 So.2d 1192, 1195 (Fla. 5th DCA
2003); see also Marriott Int'l, Inc. v. Perez-Melendez, 855 So.2d 624 (Fla. 5th DCA
2003). More specifically, when considering a motion for directed verdict, the court is
required to evaluate the testimony in the light most favorable to the nonmoving party, and
every reasonable evidentiary inference must be considered in favor of the nonmoving
party. Id. If there is conflicting evidence or if different reasonable inferences may be
drawn from the evidence, then the issue is factual and should be submitted to the jury for
resolution. Marriott Int'l.
Ms. Blizzard's two causes of action are grounded in section 760.10(7), Florida Statutes
(2007), which reads:
It is an unlawful employment practice for an employer, an employment agency, a joint
labor-management committee, or a labor organization to discriminate against any person
because that person has opposed any practice which is an unlawful employment practice
under this section, or because that person has *926 made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under this section.
(Emphasis supplied). Historically this subsection has been divided into the “opposition
clause” and the “participation clause.” Both parties agree that Ms. Blizzard's claim would
have to fall under the opposition clause; specifically, that she “opposed any practice
which is an unlawful employment practice under this section.” Because this provision of
the Florida Statutes is almost identical to its federal counterpart, 42 U.S.C. § 2000e-3(a),
Florida courts generally follow federal case law when examining similar state claims.
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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