M Civ JI 108.13 Public Accommodation/Public Service Discrimination - Hostile Environment Harassment - Sexually Hostile Environment - Definition

When I use the phrase “sexually hostile environment,” I mean the environment was so tainted that, in the totality of the circumstances, the unwelcome sexual conduct complained of had the purpose or effect of substantially interfering with [ his / her ] full and equal enjoyment of the public accommodation or public service.

You must view the conduct or communication complained of from an objective standard, deciding how a reasonable person would have perceived the conduct or communication alleged in this case.

Comment

Radtke v Everett, 442 Mich 368 (1993); Faragher v Boca Raton, 524 US 775; 118 SCt 2275; 141 L Ed 2d 662 (1998).

History

Added December 2008.