What is sex harassment? Whatever it is, it must be severe or pervasive. In Royal v. CC&R Tres Arboles, No. 12-11022 (5th Cir. 11/21/2013), the Fifth Circuit found the following acts amounted to sex harassment: standing over and behind a woman and smelling her hair several times a day; one man sat in front
Royal v. CCC&R Tres Arboles
Plaintiff Wins Summary Judgment But Loses Trial
By Thomas J. Crane on
Posted in Discrimination
Work place harassment is still with us. And, courts still struggle with the term “severe or pervasive.” To rise to the level of work place harassment, conduct must be “severe or pervasive.” In Sanders v. Christus Santa Rosa PASC, 995 F.Supp. 2d 626 (W.D. Tex. 2014), the court looked at the totality of the…
When is Sex Harassment Truly “Pervasive”?
By Thomas J. Crane on
Posted in Discrimination
People like to joke about a "hostile work environment." But, what is an actual hostile work environment? Essentially, hostile work environment means the discrimination is perpetrated by co-workers, not by supervisors. A finding of a hostile work environment requires that 1) the employee belong to a protected group, 2) s/he was subjected to unwelcome harassment…