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.
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