CourtCases2010

Ms blizzards employment was concluded the following

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Unformatted text preview: sexual harassment, in violation of Florida Civil Rights Act, was for jury. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). The grounds for a sexual harassment claim under either Title VII or under Florida Civil Rights Act can be either a tangible employment action, or the creation of a hostile work environment caused by sexual harassment that is sufficiently severe or pervasive to alter the terms and conditions of work. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). To establish a hostile work environment sexual harassment claim based on harassment by a supervisor, plaintiff must show: (1) that she is a member of a protected group; (2) that she was subjected to unwelcome sexual harassment, such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) the harassment was based on the sex of the employee; (4) the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment; and (5) there is a basis for holding the employer liable. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). To establish a hostile work environment sexual harassment claim based on harassment by a supervisor, employee must show that the employer knew or should have known of the harassment, and yet failed to take remedial action. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate, or successively higher, authority over the employee. Civil Rights Act of 1964, § 701, 42 U.S.C.A. § 2000e; West's F.S.A. § 760.10(7). Issue of whether female employee was sexually harassed by her supervisor in violation of Florida Civil Rights Act was for jury; there was evidence that supervisor verbally offered sexually explicit descriptions, talked extensively about his penis and sexual prowess, made sexually suggestive sounds such as whinnying like a ho...
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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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