Hostile Work Environment
While it is easy to define sexual harassment, it can be very difficult to consistently apply that definition to a particular set of facts. Courts often rule very differently in cases with very similar fact patterns. This is particularly true in hostile work environment cases where it is more difficult to prove that harassment occurred. Employers may defend themselves in hostile work environment cases brought against them for actions of a supervisor or managerial-level employee by arguing that the employer took reasonable steps to prevent sexual harassment and made efforts to correct harassing behavior. Employers may also argue that they are not liable if an employee did not take advantage of available reporting or remedial measures to complain about incidents of sexual harassment. Also, if the alleged victim willingly participated in sexual banter or risque jokes, it will be more difficult for them to prove that they have actually been harassed. Factors to consider in hostile work environment cases include:
While it is easy to define sexual harassment, it can be very difficult to consistently apply that definition to a particular set of facts. Courts often rule very differently in cases with very similar fact patterns. This is particularly true in hostile work environment cases where it is more difficult to prove that harassment occurred. Employers may defend themselves in hostile work environment cases brought against them for actions of a supervisor or managerial-level employee by arguing that the employer took reasonable steps to prevent sexual harassment and made efforts to correct harassing behavior. Employers may also argue that they are not liable if an employee did not take advantage of available reporting or remedial measures to complain about incidents of sexual harassment. Also, if the alleged victim willingly participated in sexual banter or risque jokes, it will be more difficult for them to prove that they have actually been harassed. Factors to consider in hostile work environment cases include:
- Frequency of the alleged inappropriate behavior
- Severity of the behavior
- Conduct of the victim
- Context of the alleged harassment
- Size of the employer's business
- Nature of the employer's business
- Whether a reasonable person would find the environment to be hostile