Unformatted text preview: med if an appellate court determines that reasonable persons could differ
as to propriety of action taken by a trial court.
In granting a motion for a new trial, a trial court must articulate reasons for doing so in its
Sufficient evidence supported jury's verdict finding in favor of former employee on
sexual harassment claim; actions of co-worker on former employee's first day of
employment, including voicing his disgust to former employee that employer hired a
female, and kissing former employee on cheek, which were clearly directed at former
employee because of her gender, led to reasonable conclusion that co-worker's
subsequent actions were likewise directed at former employee because of her gender, and
record was replete with instances where former employee voiced her complaints
regarding co-worker's conduct. West's F.S.A. § 760.10(1)(a).
Any harassment or other disparate treatment of employee that would not occur but for
gender of employee may, if there is a pattern or pervasiveness in conduct, constitute
"hostile work environment" sexual harassment; moreover, offensive conduct is not
required to include sexual overtones in every instance. West's F.S.A. § 760.10.
Former employee established "causal connection" element to establish prima facie case of
retaliation for sexual harassment complaint, where both former employee's immediate
supervisor and director of human resources were aware of complaints; evidence adduced
at trial indicated that even if former employee did not inform supervisor of any conduct
of a sexual nature, both supervisor and director, the individuals who discharged former
employee, were aware of instances of non-sexual conduct which constituted sexual
harassment. West's F.S.A. § 760.10.
In order to establish a prima facie retaliation case, plaintiff must demonstrate: (1) a
statutorily protected expression; (2) an adverse employment action; and (3) a causal
connection between the participation in the protected expression and the adverse action.
West's F.S.A. §§ 440.205, 760.10.
In order to satisfy the "causal connection" prong of a prima facie retaliation case, a
plaintiff must, at a minimum, generally establish that the defendant was actually aware of
the protected exp...
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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