What counts as harassment?
The unlawful harassing conduct must be unwelcome and based on the victim’s protected basis.
The conduct must be:
- Subjectively abusive to the person affected, and
- Objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive.
Whether the harassing conduct is severe or pervasive is determined on a case-by-case basis in light of,
- How often it happens,
- The severity,
- Whether the conduct was physically threatening or humiliating, not just an offensive comment,
- Whether the conduct unreasonably interfered with work performance,
- The impact on the employee’s psychological well-being, and
- If the harasser was a superior within the organization.