Patricia Watterson v. Smallwoods, Inc.
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 PATRICIA WATTERSON, Appellant, v. SMALLWOODS, INC. and JIMMY FLOYD, Appellees. No. 4D11-1071 [May 9, 2012] PER CURIAM. We affirm the circuit court s order granting final summary judgment in favor of the plaintiff s former employer. See Allstate Ins. Co. v. Ginsberg, 863 So. 2d 156, 158-60 (Fla. 2003) (pleadings of unwelcome conduct including touching in a sexual manner do not state a cause of action for the Florida common law tort claim of invasion of privacy); Natson v. Eckerd Corp., 885 So. 2d 945, 948 (Fla. 4th DCA 2004) (a defending employer may raise a n affirmative defense to liability or damages o n a sexual harassment claim o n th e basis: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, a n d (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. ) (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 807-08 (1998)); Scott v. DMN Inc., 31 F. App x 836 (5th Cir. 2002) ( We agree with the district court that [the employer] then discharged its burden by coming forth with a legitimate non-discriminatory reason for terminating [the plaintiff] namely, that [the plaintiff] violated [the employer s] established attendance policy b y failing to report to work for at least three consecutive d a y s without providing documentation explaining her absence a n d th u s was terminated for job abandonment. ) (footnote omitted). Affirmed. TAYLOR, CIKLIN and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. 09-53794 (02). G. Ware Cornell, Jr. of Cornell & Associates, P.A., Weston, for appellant. Peter L. Sampo of Allen, Norton & Blue, P.A., Coral Gables, for appellees. Not final until disposition of timely filed motion for rehearing.
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