Hostile work environment sexual harassment

To find that an employer’s conduct has created a hostile work environment under Title VII, the plaintiff has to show that the complained conduct was serve or pervasive and that the enviornment could be both objectively and subjectively perceived as abusive or hostile.  The Elliott- Larsen Civil Right Act defines hostile work environmental sexual harassment as conduct or communication that has the purpose or effect of substantially interfering with an individual’s employment.

After establishing the sexual nature of the complained conduct, the plaintiff must establish the following: (1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of sex; (3) the employee was subjected to unwelcome sexual conduct or communication; (4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior.

There five requirements were set forth in the case of Radtke v. Everett.

 

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