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· 10/26/1989

Byrd v. Richardson-Greenshields Securities, Inc.

Citations

  • 552 So. 2d 1099
  • 14 Fla. L. Weekly 549
  • 7 I.E.R. Cas. (BNA) 1782
  • 1989 Fla. LEXIS 1057
  • 51 Empl. Prac. Dec. (CCH) 39,446
  • 58 Fair Empl. Prac. Cas. (BNA) 1606
  • 1989 WL 128596

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the workers' compensation statute does not provide the exclusive remedy for a claim based on sexual harassment in the workplace
  • holding sexual harassment falls outside of the exclusivity provision of the workers' compensation statute
  • finding that workers' compensation should not shield an employer from tort liability based on sexual harassment, because this would abrogate the policies behind sexual harassment laws that attempt to eradicate sexual harassment from the workplace
  • reversing grant of summary judgment on claims for assault and battery based upon claimed instances of sexual harassment and noting that that the worker’s compensation exclusivity does not apply to such torts
  • \[W]e cannot find that acts constituting sexual harassment were ever meant to fall under workers' compensation.\
  • a court's obligation is to honor the obvious legislative intent and policy behind an enactment, even where that intent requires an interpretation that exceeds the literal language of the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.