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:
- Racial harassment
- Religious harassment
- Age-based harassment
- Harassment based on disability
- Harassment based on ethnicity or national origin
- Retaliation
Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.
Sexual Harassment Topics: