See id at 1197 once a plaintiff establishes a prima

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Unformatted text preview: l court erred in granting judgment notwithstanding the verdict for Doral, we also conclude that the trial court abused its discretion in granting, in the alternative, Doral's motion for new trial. Evidently, the trial court premised its analysis on Doral's motion for new trial on the same incorrect assumption as it did in granting judgment notwithstanding the verdict--that conduct which is purely sexual is the only conduct which constitutes sexual harassment. Moreover, the trial court failed to support its conclusion with any reasons which were premised outside of its incorrect assumption that only sexual conduct constitutes sexual harassment. Consequently, we conclude that a new trial on the sexual harassment claim is neither warranted nor supported by the Record. II. RETALIATORY DISCHARGE CLAIMS [7] Like the sexual harassment claim, we conclude that the trial court erred in granting judgment notwithstanding the verdict for Doral on Mrs. Russell's two retaliatory discharge claims--for making a sexual harassment complaint to Doral, and for filing a Workers' Compensation claim. First, according to Section 760.10(7), Florida Statutes (2002), it is an unlawful employment practice for an employer to discriminate against any person because that person has made a charge of conduct which is prohibited under Section 760.10. As discussed in Part I of this Opinion, the "charge" of prohibited conduct was Mrs. Russell's charge of sexual harassment as delineated in Section 760.10(1)(a), Florida Statutes (2002). Second, according to Section 440.205, Florida Statutes (2002), an employer cannot discharge an employee in response to an employee's valid claim or attempt to claim Workers' Compensation benefits. [8] Although two different chapters of the Florida Statutes govern the retaliatory discharge claims, the elements necessary to prove those claims are essentially the same. In order to establish a prima facie retaliation case, the plaintiff must demonstrate the following elements: (1) a statutorily protected expression; (2) an adverse employment 124 act...
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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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