Employment & Labor Law
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Hulsey v. Pride Restaurants, LLC
17 Fla. L. Weekly Fed. C 485a (11th Cir. April 27, 2004)
Store manager made continuous sexual passes at his female employee, who was ultimately fired after refusing to have sex with the manager in return for allowing her to take her break and visit with her family. The employee filed a police report the day after she was fired and an EEOC claim several days later. Subsequently, the employee brought a claim under Title VII for sexual harassment and lost on summary judgment. The District Court did not list its reasons for granting summary judgment to the employer, but instead incorporated the briefs and oral argument of the employer and adopted them. This appeal followed. The employer argued that (1) she did not plead her tangible employment action claim as a separate count, and therefore it was not properly before the court; and (2) that the employee
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