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How much is enough? Sexual harassment case turns on amount of evidence


SKU: ELBso132. Category: .


Abstract: To establish a hostile work environment claim based on sexual harassment, a plaintiff must show that he or she was subjected to verbal or physical conduct of a sexual nature that was unwelcome and sufficiently severe or pervasive to alter the conditions of his or her employment. But just how severe or pervasive must misconduct be to meet this standard? This article examines a case in which an appeals court acknowledged the plaintiff’s mistreatment, but decided that the small number of incidents presented didn’t amount to enough to establish a hostile work environment. Westendorf v. West Coast Contractors of Nevada, Inc., No. 11-16004, April 1, 2013 (9th Cir.)

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