Conduct must be both objectively severe or pervasive to a reasonable person and subjectively perceived as abusive. Courts assess frequency, severity, physical threat or humiliation, and interference with work performance.
The elements are disjunctive rather than conjunctive.
Alternative Names:
Severe and Pervasive|Harassment Threshold
Why it Matters?
Severity and pervasiveness trade off, so a single extremely serious incident may suffice while lesser conduct requires repetition, and courts sometimes misstate the standard as conjunctive. Isolated offensive remarks, occasional teasing, and ordinary workplace friction do not meet it, which is the defense in most cases. Several states have legislatively lowered the threshold, eliminating the standard entirely for harassment claims under state law.
Frequently Confused with
Related terms
Frequently asked questions
Are severity and pervasiveness both required?
Have states changed the standard?
