On February 20, 2018, the Middle District of Florida federal court ruled on a motion to dismiss filed by the defendants in this Florida sexual harassment and hostile work environment case.\u00a0 (See Robinson v. Hill, 2018 WL 962199, (M.D. Fl. 2018)).\u00a0 The female plaintiff worked as a manager for one of the defendant corporations.\u00a0 She began in mid-2016.\u00a0 Then over an eighteen-day period, she was repeatedly and regularly sexually harassed.\u00a0 She alleges that she was asked for sexual favors and had sexual comments said to her constantly.<\/p>\n
On one occasion, the manager of one of the co-defendants asked her to go with her on a boat ride that the company owned.\u00a0 During that boat ride, the manager attacked her and even put a finger into her vagina.\u00a0 After that incident, this female manager never returned to work.\u00a0 She then filed her Florida sexual harassment and hostile work environment case.<\/p>\n
The plaintiff in her Florida sexual harassment and hostile work environment Complaint in Count I alleged sexual harassment, assault and battery under the Jones Act.\u00a0 The Court upheld this count basically stating that it remained a question of fact for a jury to resolve on whether or not she the female manager qualified as a seaman.<\/p>\n
The plaintiff in Counts II and II alleged Intentional or Reckless Infliction of Severe Motion Distress.\u00a0 The court found that the allegations alleged did meet the standard.\u00a0 Plaintiff did allege the deliberate or reckless infliction of mental suffering, by outrageous conduct, causing suffering, and the suffering must have been severe.\u00a0 The allegation of vaginal penetration clearly satisfied this.<\/p>\n
The plaintiff in Counts IV and V alleged battery and support and asked that the corporations be found liable for the intentional tortious acts of the other manager under the theory of respondent superior.\u00a0 This court agreed with the allegations as alleged.\u00a0 The manager who allegedly committed these horrible acts in this Florida sexual harassment and hostile work environment case did so while he was employed; servicing his employer.<\/p>\n
Finally, in Counts VI and VII, the plaintiff alleged hostile work environment under Title VII and sexual discrimination under Florida Civil Rights Act.\u00a0 Plaintiff must prove that<\/p>\n
1) she belongs to a protected group,<\/p>\n
2) that the employee has been subject to unwelcome sexual harassment,<\/p>\n
3) that the harassment must have been based on the sex of the employee,<\/p>\n
4) that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment, and<\/p>\n
5) a basis for holding the employer liable.<\/p>\n
The defendants make a Faragher<\/em> defense claiming that the manager was not a supervisor or successively higher authority over the employee.\u00a0 The Court did not agree and denied their motion for this reason as to these counts.<\/p>\n There were other counts in this Florida sexual harassment and hostile work environment case, but they are not as relevant as the court granted leave to amend them.\u00a0\u00a0 The female plaintiff was then subjected to many horrible sexual acts at work that no one should have to put up with.<\/p>\n If you have been the subject of a Florida acoso sexual<\/a> and hostile work environment<\/a> discrimination case, please call and speak to South Florida pregnancy discrimination lawyer Andrew Alitowski, Esq., the South Florida Managing Partner for the Derek Smith Law Group, located in Downtown Miami, at 800-807-2209 or contact us online. We are available 24 hours a day, 7 days a week.<\/p>","protected":false},"excerpt":{"rendered":" On February 20, 2018, the Middle District of Florida federal court ruled on a motion to dismiss filed by the defendants in this Florida sexual harassment and hostile work environment case.\u00a0 (See Robinson v. Hill, 2018 WL 962199, (M.D. Fl. 2018)).\u00a0 The female plaintiff worked as a manager for one of the defendant corporations.\u00a0 She … Continue reading “Florida Sexual Harassment and Hostile Work Environment Case”<\/span><\/a><\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[48,14],"tags":[],"class_list":["post-4097","post","type-post","status-publish","format-standard","hentry","category-hostile-work-environment","category-sexual-harassment"],"acf":[],"_links":{"self":[{"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/posts\/4097","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/comments?post=4097"}],"version-history":[{"count":0,"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/posts\/4097\/revisions"}],"wp:attachment":[{"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/media?parent=4097"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/categories?post=4097"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dev.discriminationandsexualharassmentlawyers.com\/es\/wp-json\/wp\/v2\/tags?post=4097"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}