Ms. Dupont sued Speedway SuperAmerica, alleging she had been subjected to a sexually hostile workplace by a co-worker. She was awarded $80,088.80 in damages and back pay. Speedway appealed to the Fifth District Court of Appeal and a three-judge panel vacated the award. Ms. Dupont asked for a rehearing and the full 5th DCA withdrew the original decision and upheld the award. Speedway appealed that ruling to this Court.