DONNA S. FOWLER, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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FARMER, Judge.
We reverse the final order of the UAC denying benefits upon the referee’s finding that the claimant lacked good cause to terminate her employment for reasons attributable to her employer. The referee erred in excluding evidence offered by the claimant to support her contention that her employer had engaged in a continuing pattern of “harassment, retaliation, and discrimination,” which we take to refer to sexual harassment and invidious discrimination against her in the terms and conditions of her employment. We disagree with the referee’s implicit finding that such conduct by an employer would not confer good cause on the employee enduring such conduct to terminate her employment without prejudice to her right to unemployment benefits.
REVERSED FOR NEW EVIDENTIARY HEARING.
GUNTHER C.J., and WARNER, J., concur.
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Laubette Yaeger v. Fla. Unemployment Appeals Comm'n & Aircraft Armature, Inc., 786 So. 2d 48 (Fla. 3d DCA 2001)…9, 321 S.E. 2d 32, 34 (1984). An employer’s failure to provide its employees with a tolerable work environment has been found to be good cause for leaving employment attributable to the employer. See, e.g., Fowler v. Unemployment Appeals Commission, 670 So. 2d 1202 (Fla. 4th DCA 1996) (good cause found where an employer engages in a continuing pattern of sexual harassment, retaliation, and in discrimination); Dempsey v. Old Dominion Freight Lines, 645 So. 2d 538 (Fla. 3d DCA 1994) (undue verbal abuse, includin…
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Engel v. Louis Wohl & Sons, Inc., 841 So. 2d 553 (Fla. 2d DCA 2003)…xperience as the [*555] male workers who were paid higher salaries during the training period. We would first note that gender discrimination does confer good cause on the employee to terminate her employment. Fowler v. Unemployment Appeals Comm’n, 670 So. 2d 1202 (Fla. 4th DCA 1996). In Carey McAnally and Co. v. Woodring, 629 So. 2d 301 (Fla. 2d DCA 1993), this court held that the determination of whether an employee left her employment voluntarily without good cause attributable to her employer is a questio…