Severe or Pervasive Harassment Can Happen Just Once
A single bad act can constitute "severe or pervasive" sexual harassment, according to a recent Sixth Circuit decision.
August 05, 2015 at 07:04 AM
1 minute read
A single bad act can constitute “severe or pervasive” sexual harassment, according to a recent U.S. Court of Appeals for the Sixth Circuit decision. Tim Garrett of Bass, Berry & Sims notes the case demonstrates the level of severity necessary to meet that standard.
In the case, an employee was standing in a walk-in cooler when the alleged harasser pinned her against a shelf, placing his pelvic area against her and trapping her against her protests, explains Garrett. The court observed the incident was sexual, humiliating and a physical invasion of her space, and thus warranted a trial rather than a summary judgment, even if it had not yet been proved.
“The case is also instructive on what did not rise to the level of sufficiently severe or pervasive,” says Garrett. Two other female employees said the same harasser made three to five sexually inappropriate and suggestive comments. “The court noted that the language was vulgar and unprofessional but not enough to establish sexual harassment,” he explains. However, that shouldn't give employers leave to ignore that kind of behavior.
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