Intimidating hostile or offensive work

To illustrate, your boss not liking you because you are fans of rival sports teams, is not actionable discrimination.

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All these cases really just tell us that: it depends.

But the more shocking the abuse or negative environment you have been subject to, the less duration or instances of exposure you will have to demonstrate.

A hostile work environment is much more than just an unpleasant workplace.

While each case is different, generally you must make a showing of a persistent and offensive working environment that was generated as a result of your membership in a protected class.

Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Essentially, harassment occurs when a person suffers consistent and unwanted, and objectively offensive, conduct at work as a result of their membership in a protected class.

However, if your boss treated you differently because of the color of your skin, and only used your different team alliances as a pretext, that would be considered discrimination.

In determining when a working environment is hostile, factors to consider are the frequency of the alleged discriminatory conduct, its severity, whether it is physically threatening or humiliating, and if it unreasonably interferes with an employee’s work performance.

To put it more directly: as the harassment becomes more severe judge’s will require less instances of the harassment to support a finding of actionable discrimination.

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