Clarke Silverglate’s client was sued by a former employee for sexual harassment under the Florida Civil Rights Act and retaliation under the Florida Whistleblower Act. She alleged that her male supervisor sent her a text message containing a naked photo of himself, propositioned her using sexually explicit language and massaged her shoulders. She claimed that she reported the harassment and was subsequently terminated. At the close of the plaintiff's case, the court entered directed verdict for Clarke Silverglate’s client. In a lengthy opinion, the court reasoned, among other things, that the alleged harassment was not sufficiently severe or pervasive to constitute actionable harassment. The court also found insufficient proof that the plaintiff availed herself of the company's preventive and corrective opportunities available to her or that her termination was causally related to a report of harassment.
Lead trial counsel for Clarke Silverglate was Spencer H. Silverglate, the firm’s Managing Shareholder. He was assisted at trial by associate attorney Oshia G. Banks. A copy of the opinion is available at
http://www.cspalaw.com/pdf/Order and Opinion Granting Winn-Dixie's Motion for Directed Verdict 6-72.pdf