No liability for sexual harassment on the part of employer where the supervisor never made sexual advances toward the plaintiff or in any way obstructed her ability to perform her job

An employee’s claim for sexual harassment and retaliation was dismissed where she failed to establish a prima facie case of discrimination. More specifically, the court found that the plaintiff was unable to establish that the conduct complained of was severe enough to affect a term, condition or privilege of her employment or constitute a discriminatory work environment. Not only must the employee subjectively consider the harassment as sufficiently severe and pervasive, but it must also be objectively reasonably for her to do so.  This requires to the court to review the behavior from the perspective of a reasonable person in the plaintiff’s position. In this instance, the court found, as a matter of law, the conduct (asking the employee to meet at a restaurant, calling her at home, buying her a souvenir while on vacation, and sending flowers) did not rise to that level.  For more details, see Grogan v. Heritage NH, LLC, 35 Fla. L. Weekly D1412 (Fla. 3d DCA June 23, 2010).