Offensive conduct need not be of a sexual nature to create a hostile work environment . Conduct which is hostile, but not sexual, that is directed at an employee because of his or her gender may be ...
Example of Sexual Discrimination: Verbal Harassment Verbal harassment may consist of offensive sexual remarks or non-sexual remarks "of a (sexually) discriminatory nature," meaning that the statements ...
"Reasonable Victim Standard" Determining whether or not the victim's working environment became hostile and abusive as a result of the discriminatory conduct consists of both an objective and ...
What is "Pervasive Conduct"? Pervasiveness refers to the extent, frequency, continuousness, and length of presence of the misconduct in question, which must be of a sufficiently high level to permit a ...
What amounts to actionable harassment? To succeed on a hostile work environment claim, an employee must show that he or she was harassed by conduct that was either severe enough or sufficiently ...
Often, the threshold for hostile work environment claims is unclear and, while case law may partially delineate actionable from non-actionable claims, courts must often determine the threshold based ...