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Florida

ID
2011
Level
State or Province
ParentID
70

Blizzard v. Appliance Direct, Inc.

A female employee brought suit against her former employer for retaliation and sexual harassment based on claims that, among other things, her supervisor was constantly talking about his penis including graphic descriptions of its size, and his sexual prowess, history, successes, and aspirations. Blizzard did not allege that her supervisor’s comments were directed to her. Instead, she alleged that his comments were pervasive and that the female employees who were receptive to his “management style” received favors and preferences that Blizzard did not.

Burton v. State

Dubreuil proceedings (state legal proceedings used to compel a pregnant woman to undergo medical confinement, treatment, and procedures against her wishes for the benefit of the unborn fetus) were initiated against Burton on a finding that she had ignored her physician’s recommendations, creating a high-risk pregnancy that may result in the death of her baby. A Florida circuit court ordered Burton to forced medial treatment and confinement in a hospital until delivery.

Byrd v. Richardson-Greenshields Securities

Female employees brought allegations of assault, sexual battery, intentional infliction of emotional distress, and negligent hiring and retention of employees. The Florida Supreme Court considered whether the workers’ compensation statute provided the exclusive remedy for a claim based on sexual harassment in the workplace. The Court found that applying the exclusivity rule of workers’ compensation to preclude all tort liability would abrogate the overwhelming public policy interest in outlawing and eliminating sexual discrimination in the workplace.

Gainesville Woman Care LLC, et al. v. Florida, et al.

The Florida Supreme Court affirmed a trial court’s grant of temporary injunction blocking enforcement of the state’s Mandatory Delay Law. The law imposed a 24-hour waiting period on women seeking abortions. The Court explained that since the law implicated the fundamental right of privacy, it was automatically subject to strict scrutiny review. It found that the court of appeals had improperly put a burden on the challengers to establish that the law imposed a “significant restriction” on the right to privacy before applying strict scrutiny.

Moniz v. Reitano Enterprises, Inc.

Moniz was injured in an attack by her supervisor at her place of employment during which her supervisor bit her. Moniz was paid $20,000 as a worker’s compensation settlement. This amount was comprised of $12,000 for past and future monetary compensation benefits including any re-employment services and assessment benefits and $8,000 for past and future medical benefits. Attorneys’ fees and doctors’ bills were also paid, including bills for her treatment for psychological injuries.

O'Loughlin v. Pinchback

After disclosing her pregnancy to her employers, Pinchback, a correctional officer at a county jail, was terminated. As a reason for the termination, Sheriff O’Loughlin explained that while pregnant, Pinchback could not perform the duties of a correctional officer and was placing her baby’s health in danger. Pinchback petitioned Florida’s Human Rights Commission for relief pursuant to Florida’s Human Rights Act (which is patterned after Title VII).

O’Loughlin v Pinchback

After disclosing her pregnancy to her employers, Pinchback, a correctional officer at a county jail, was terminated. As a reason for the termination, Sheriff O’Loughlin explained that while pregnant, Pinchback could not perform the duties of a correctional officer and was placing her baby’s health in danger. Pinchback petitioned Florida’s Human Rights Commission for relief, resulting in a finding that O’Loughlin had wrongfully terminated Pinchback in violation of Florida’s Human Rights Act.

Planned Parenthood of Southwest and Central Florida v State of Florida

Florida health care providers challenged a Florida law banning abortion after 15 weeks of pregnancy on the grounds that the ban violated Florida’s constitutional right to privacy. The law allowed two exceptions to the ban: (i) two doctors, or one if a second is not available, provide written certification that the abortion is necessary to save the woman’s life or prevent “substantial and irreversible physical impairment of a major bodily function […] other than a psychological condition” or (ii) the fetus has a fatal abnormality.

Speedway Superamerica v. Dupont

Dupont, employed by Speedway convenience stores, sued Speedway alleging sexual harassment and hostile work environment. Dupont’s complaint stemmed from her interactions with a coworker, Coryell. For months, Dupont had complained to her superiors that Coryell acted inappropriately with her, both violently and sexually. For instance, Dupont complained that Coryell had inappropriately grabbed her, made sexual comments concerning female customers, and humiliated her.

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