The reasonable person standard includes consideration of the perspective of persons of the same race, color, religion, gender, national origin, age, or disability as the harassment victim.For example, if a female employee complains of harassment, make sure in applying this test that you take the perspective of a woman, not a man.When investigating allegations of sexual harassment, looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred.A determination on the allegations is made from the facts on a case-by-case basis.Rather, the conduct must be so objectively offensive as to alter the terms and conditions of the individual's employment.The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.A hostile work environment exists when there are unwelcome comments or conduct based on sex, race or other legally protected characteristics un-reasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.
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Examples of actions that may create sexual hostile environment harassment include: The anti-discrimination statutes are not a general civility code.
Thus, federal law does not prohibit teasing, yelling, comments, or incidents that are not related to the victim's protected class.
Generally, international instruments define sexual harassment broadly as a form of violence against women and as discriminatory treatment, while national laws focus more closely on the illegal conduct.
Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.