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Unformatted text preview: iven for Mrs. Russell's termination was a pretext for retaliation. We disagree with
the trial court on both points.
 First, viewing the evidence in the light most favorable to Mrs. Russell, there was
evidence to support the "causal connection" element of the prima facie case on the count
of retaliatory discharge for making a sexual harassment complaint. As we discussed in
Part I of this Opinion, both sexual conduct and non-sexual conduct can be construed as
conduct that constitutes sexual harassment. The evidence adduced at trial indicates that
even if Mrs. Russell did not inform McDaniel of any conduct of a sexual nature, both
McDaniel and Allen--the individuals who discharged Mrs. Russell--were aware of the
instances of non-sexual conduct which constitute sexual harassment. Thus, Mrs. Russell
established the "causal connection" element to establish the prima facie case of retaliation
for a sexual harassment complaint because both McDaniel and Allen were aware of the
 Second, there was also evidence to support the contention that the reason given by
Doral for Mrs. Russell's discharge was a pretext for retaliation. The reason given by
Doral for Mrs. Russell's discharge was that Mrs. Russell did not work her scheduled shift
and left work without permission. Taking the evidence in the light most favorable to Mrs.
Russell, it was reasonable for the jury to conclude that Doral's "legitimate reason" for the
discharge was merely a pretext for prohibited, retaliatory conduct. The evidence, viewed 125 in the light most favorable to Mrs. Russell, shows that Mueller, who was McDaniel's
supervisor, gave Mrs. Russell permission to leave at the end of her scheduled shift and
that permission was memorialized in the note that Mrs. Russell left on McDaniel's desk.
Despite the fact that Mueller told the Doral staff that he did not give Mrs. Russell
permission to leave work at the end of her shift, this conflict in the evidence should have
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- Spring '08