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.

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