The claim requires unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an objectively and subjectively abusive environment. Isolated incidents rarely suffice unless extremely serious.
Employer liability depends on the harasser's status.
Alternative Names:
Hostile Environment Harassment, Environmental Harassment
Why it Matters?
The severe or pervasive standard is the principal defense, since ordinary workplace friction, occasional offensive remarks, and personality conflicts do not meet it. Courts assess frequency, severity, physical threat, and interference with work performance in combination. Whether the harasser was a supervisor or coworker determines the liability framework, since supervisor harassment triggers the Faragher-Ellerth analysis while coworker harassment requires employer negligence.
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Frequently asked questions
What does the severe or pervasive standard require?
Why does the harasser's status matter?
