CourtCases2010

See breda 222 f3d at 890 stating that employee who

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Unformatted text preview: ferences deduced from it, taken in the light most favorable to the nonmoving party, could not sustain a verdict for the party moved against. See Ortlieb v. Butts, 849 So.2d 1165, 1168 (Fla. 4th DCA 2003); Tenny v. Allen, 858 So.2d 1192, 1195 (Fla. 5th DCA 2003). Where there is conflicting evidence or different reasonable inferences may be drawn from the evidence, then the factual issues must be submitted to the jury. Tenny, 858 So.2d at 1196. [2][3][4] An employee may assert a claim for sexual harassment under section 760.10, Florida Statutes (2002). "The Florida Civil Rights Act is patterned after Title VII, and therefore federal case law regarding Title VII is applicable." Castleberry v. Edward M. Chadbourne, Inc., 810 So.2d 1028, 1030 n. 3 (Fla. 1st DCA 2002). Specifically, section 760.10, Florida Statutes (2002), provides: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. To establish a prima facie case of hostile work environment sexual harassment, a plaintiff must establish: (1) he or she is a member of a protected group; (2) he or she was the subject of unwelcome sexual harassment; (3) the harassment occurred because of his or her sex; and (4) the harassment was sufficiently severe or pervasive to alter the terms and conditions of his or her employment. Breda v. Wolf Camera & Video, 222 F.3d 886, 889, n. 3 (11th Cir.2000). Additionally, "the employee must show that the employer knew or should have known of the harassment and failed to take remedial action." Castleberry, 810 So.2d at 1029-30. Eckerd does not dispute that Natson proved a prima facie case of sexual harassment. 257 [5] Eckerd asserted as an affirmative defense to Natson's sexual...
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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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