How do I establish a case of hostile work environment sexual harassment?
One only needs to prove the environment in the workplace was severe enough to detract from job performance, cause people to contemplate leaving their jobs, and prevent employees from advancing in the company. In evaluating claims for hostile work environment, the court will look at the employer’s overall conduct and the circumstances of the situation. The courts use various tests to establish a hostile working environment. You will most likely be required to prove: (1) that you suffered intentional discrimination due to sex; (2) the discrimination was pervasive and regular; (3) the discrimination detrimentally affected you; (4) the discrimination you experienced would detrimentally affect a reasonable person of the same sex in that position; and (5) respondeat superior liability exists, meaning in effect that your employer did not take adequate steps to prevent the discrimination from occurring (see below for definition and how to prove this). In addition, when evaluating the environme
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