For decades now, the courts have been deciding sexual harassment cases by asking how a reasonable person would assess the behavior complained of.
Sexual harassment in the workplace is conduct or communication of a sexual nature that is unwelcome or uninvited, and that has the purpose or effect of substantially interfering with the victim’s working environment or creates an intimidating, hostile, or offensive working environment. Last week we learned that hugging, if it is unwelcome and pervasive, can create a hostile work environment and that a University president can be forced to resign by allegations of inappropriate “abrazos,” or embraces. Legally actionable sexual harassment takes many forms, from the classic quid pro quo claims included in the Sterling Jewelers case to the innuendo claimed in Gretchen Carlson’s suit against Roger Ailes and Fox News, to inappropriate greeting cards. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. Allegations of sexual harassment continue to attract media attention and commentary, including ours.
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