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Unformatted text preview: peal of Florida,
Shirail NATSON, Appellant,
ECKERD CORPORATION, INC., Appellee.
Oct. 27, 2004.
Background: Former employee brought action against employer for hostile work
environment sexual harassment. The Seventeenth Judicial Circuit Court, Broward
County, Richard D. Eade, J., granted employer's motion for directed verdict, and
Holding: The District Court of Appeal, Warner, J., held that issue whether employee
unreasonably failed to take advantage of preventative or corrective opportunities pursuant
to employer's policy, as affirmative defense to employee's sexual harassment claim, was
question for jury.
Reversed and remanded.
A motion for directed verdict should be granted only where the evidence and reasonable
inferences deduced from it, taken in the light most favorable to the non-moving party,
could not sustain a verdict for the party moved against; 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.
The Florida Civil Rights Act is patterned after Title VII, and therefore federal case law
regarding Title VII is applicable in resolving a claim for sexual harassment. Civil Rights
Act of 1964, § 701 et seq., as amended, 42 U.S.C.A. § 2000e et seq.; West's F.S.A. §
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. West's F.S.A. § 760.10.
In order to establish a prima facie claim of hostile work environment sexual harassment,
the employee must show that the employer knew or should have known of the harassment
and failed to take remedial action. West's F.S.A. § 7...
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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