Sexual harassment in the workplace is a type of discrimination that violates Title VII of the Civil Rights Act of 1964. One form of sexual harassment is an employer’s creation or tolerance of a hostile work environment. This occurs when sexually tinged speech or conduct is severe or pervasive enough that a reasonable person experiencing them would consider the workplace conditions to be intimidating or abusive. A person claiming this form of sexual harassment can bring a complaint to the Equal Employment Opportunity Commission (EEOC) seeking damages and other legal relief.
The key question in these cases is whether the conduct or speech in question meets the “severe or pervasive” test. Although a pattern of behavior is more common, even a single incident — if egregious enough — may fit the definition.
The EEOC and the federal courts look at the totality of the circumstances to determine if the cumulative effect of the conduct or speech was to alter the conditions of employment such that a reasonable person would perceive the environment as intimidating, hostile or abusive. These factors are weighed:
- What was the frequency of the conduct or speech?
- Was the conduct physically threatening or humiliating?
- Was there any physical component, such as displays of sexually related images or other media?
- Did the conduct or speech unreasonably interfere with the employee’s work performance?
- What effect did the conduct or speech have on the employee’s psychological well-being?
The U.S. Supreme Court has said that even a single incident of harassment can meet the severe or pervasive test. For example, a single instance of sexual touching, such as grabbing an employee’s buttocks or breasts, could be considered severe enough. Even less severe conduct, such as using a highly offensive sexual term, could meet the threshold depending on the circumstances.
Note that the EEOC initially makes a subjective assessment, which is then verified by an objective one. The subjective assessment considers whether the person complaining genuinely found the environment hostile or abusive. The objective standard asks whether a reasonable person in the complainant’s position would have perceived the environment as hostile. This two-fold approach takes into account that conduct and speech can have different effects on different people.
If you believe you have been subjected to a hostile work environment or any other form of sexual harassment, such as sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, an experienced sexual harassment attorney can come to your assistance.
The Reddy Law Firm, P.C. in Alpharetta is here to pursue your rights. We will stand up for you to achieve optimum results, including obtaining financial compensation. Call us at 678-629-3246 or contact us online to arrange a free initial consultation.
