M Civ JI 105.20 Employment Discrimination - Hostile Environment Sexual Harassment - Sexually Hostile Work Environment

When I use the phrase “sexually hostile work environment,” I mean the work 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 ] employment or created an intimidating, hostile or offensive employment environment.

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 June 2006.