When it is considered hostile by one in the environment AND
When it is severe enough that a reasonable person would consider it abusive.
The courts will consider numerous factors in trying to determine if an environment is hostile:
- Frequency of the unwelcome conduct
- Severity of the conduct
- Whether it was physically threatening
- Whether it interfered with work performance
- Whether the harasser was a superior
- Where the behavior occurred.
Is sexual harassment of men either by women or by other men, discriminatory?
Is sexual harassment by a member of the same sex discriminatory?
Yes, any form of unwelcome sexual behavior against people of either gender and independent of sexual orientation may be the basis for a case of unlawful sexual harassment.
206 U.S. Dist. Lexis 11823 (2006) |