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Unformatted text preview: 969 (5th Cir.1999). There, a teacher who was
allegedly being sexually harassed by the school principal was interviewed by a school
investigator regarding the conduct of the principal in connection with anonymous tips.
During the interview, the teacher specifically denied that the principal was sexually
harassing her and did not report the alleged harassment for the first ten months it
occurred. The court held that the school district established its affirmative defense
because the teacher lied and intentionally misled investigators when given the
opportunity to reveal the harassment.
We hardly think that Natson's reply to such a casual inquiry of how she was doing, which
seems more like social pleasantries than a specific investigation, is sufficient to show that
Natson unreasonably failed to avail herself of corrective opportunities. Unlike Scrivner, 259 no investigation was ongoing, and Young did not pose any specific question respecting
harassment. While Eckerd may argue to the jury that Natson should have taken the
opportunity to report the harassment when Young exchanged these pleasantries, this does
not mandate a directed verdict in its favor.
For these reasons, we reverse the final judgment and remand for a new trial.
SHAHOOD and MAY, JJ., concur.
Fla.App. 4 Dist.,2004.
Natson v. Eckerd Corp., Inc.
885 So.2d 945, 29 Fla. L. Weekly D2397
Briefs and Other Related Documents (Back to top)
• 4D03-4191 (Docket) (Oct. 31, 2003)
END OF DOCUMENT 260 Case # 27 DIAL CORPORATION vs. EEOC
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
Equal Employment Opportunity *
* Appeals from the United States
v. * District Court for the Southern
* District of Iowa.
Dial Corporation, *
Submitted: September 25, 2006
Filed: November 17, 2006
Before MURPHY, HANSEN, and RILEY, Circuit Judges.
MURPHY, Circuit Judge.
The Equal Employment Opportunity Commission (EEOC) brought this sex
discrimination action against The Di...
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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