Employment & Labor Law
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Russell v. KSL Hotel Corp.
29 Fla. L. Weekly D2119 (Fla. 3rd DCA September 22, 2004)
The petitioner filed a claim for hostile work environment sexual harassment; negligent retention for the continued employment of the alleged harasser; retaliatory discharge for filing harassment and aworkers comp claims, and loss of consortium in which the jury found for the petitioner. The trial court granted the appellee JNOV or in the alternative a new trial if the JNOV was overturned, and this appeal followed. The Third DCA concluded that the JNOV for the sexual harassment claim was improper because the trial court wrongly divided the instances into sexual and non-sexual conduct when determining if there was a hostile work environment. The court stated,
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