Answer:
A “hostile work environment” exists when harassment is so severe or frequent (called “pervasive” in the law) that a reasonable person in the employee’s position would find the situation to be abusive.
Each claim must be considered on a case-by-case basis and take into consideration all of the circumstances. Some general guidelines to consider include:
A victim does not need to show that harassment was both severe and frequent – just one or the other. Sometimes, the more severe the harassment, the less frequent it must be, and vice versa.
One instance of very serious misconduct may be severe enough. For example, one instance of somebody touching an intimate body part, acting violently, or a supervisor using the n-word can be enough to violate the law.
The harasser’s status at the employing organization can be important. Harassment by the company’s owner or the victim’s supervisor can sometimes carry more weight than similar behavior by a coworker or customer.
The victim does not need to show that the harassment led to a change in employment, such as a demotion, reduction of hours or rate of pay, or denial of a promotion. Similarly, the complainant does not need to show that the harassment made them perform worse.
I hope this helps.
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