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Importantly, the hostile work environment is gender neutral, that is, men can sexually harass men or women and women can sexually harass men or women. Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute ...
Workplace harassment may also consist of offensive conduct based on one or more of the protected groups above that is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as being fired or demoted/reducing salary)." [10]
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
The 2010 case, Reeves v. C.H. Robinson Worldwide, Inc. ruled that a hostile work environment can be created in a workplace where sexually explicit language and pornography are present. [28] A hostile workplace may exist based upon the treatment of employees as a group, even if it is not targeted at any particular employee. [29]
In the workplace, harassment may be considered illegal when it is frequent or severe, thereby creating a hostile or offensive work environment, or when it results in an adverse employment decision (such as the victim's demotion, firing or quitting). The legal and social understanding of sexual harassment, however, varies by culture.
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An important standard in U.S. federal harassment law is that to be unlawful, the offending behavior either must be "severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive," or that enduring the offensive conduct becomes a condition of continued employment; e.g. if the ...
(Reuters) -A U.S. appeals court on Monday rejected a bid by Uber and subsidiary Postmates to revive a challenge to a California law that could force the companies to treat drivers as employees ...