Severe or pervasive conduct

Sexual misconduct must be "severe or pervasive" to support a sexual harassment lawsuit. “severe or pervasive” conduct is conduct that alters the conditions of employment and creates a hostile or abusive work environment.

In determining whether conduct was severe or pervasive, courts consider all the circumstances. They may consider any or all of the following:

  • The nature of the conduct
  • How often, and over what period of time, the conduct occurred
  • The circumstances under which the conduct occurred
  • Whether the conduct was physically threatening or humiliating
  • The extent to which the conduct unreasonably interfered with an employee's work performance

Even a single incident of sexual harassment may support a lawsuit if the incident is severe enough.

Not only is sexual harassment illegal. The law also prohibits:

Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.

Additional Hostile Work Environment Topics:

Sexual Harassment Topics:

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The Spivak Law Firm only accepts California, Washington D.C., and New York cases.

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