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How does the United States
Supreme Court define sexual harassment pursuant to Title VII?
Title VII of the Civil Rights Act of 1964 forbids sex discrimination
in employment. The United States Supreme Court has held that sexual
harassment is a form of sex discrimination in employment and a violation
of Title VII.
In Clark County v. Breeden, 532 U.S. 268 (2001), the United States
Supreme Court defined sexual harassment as follows:
Title VII forbids actions taken on the basis
of sex that "discriminate against any individual with respect
to his compensation, terms, conditions, or privileges of employment."
42 U.S.C. § 2000e-2(a)(1). Just three Terms ago, we reiterated,
what was plain from our previous decisions, that sexual harassment
is actionable under Title VII only if it is "so 'severe or pervasive'
as to 'alter the conditions of [the victim's] employment and create
an abusive working environment.' " Faragher v. Boca Raton, 524
U.S. 775, 786, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (quoting
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct.
2399, 91 L.Ed.2d 49 (1986)(some internal quotation marks omitted)).
See also Burlington Industries, Inc. v. Ellerth, 524 U.S. 742,
752, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)(Only harassing conduct
that is "severe or pervasive" can produce a "constructive alteratio[n]
in the terms or conditions of employment"); Oncale v. Sundowner
Offshore Services, Inc., 523 U.S. 75, 81, 118 S.Ct. 998, 140 L.Ed.2d
201 (1998)(Title VII "forbids only behavior so objectively offensive
as to alter the 'conditions' of the victim's employment"). Workplace
conduct is not measured in isolation; instead, "whether an environment
is sufficiently hostile or abusive" must be judged "by 'looking
at all the circumstances,' including the 'frequency of the discriminatory
conduct; its severity; whether it is physically threatening or
humiliating, or a mere offensive utterance; and whether it unreasonably
interferes with an employee's work performance.' " Faragher v.
Boca Raton, supra, at 787-788, 118 S.Ct. 2275 (quoting Harris
v. Forklift Systems, Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126
L.Ed.2d 295 (1993). Hence, "[a] recurring point in [our] opinions
is that simple teasing, offhand comments, and isolated incidents
(unless extremely serious) will not amount to discriminatory changes
in the 'terms and conditions of employment.' " Faragher v. Boca
Raton, supra, at 788, 118 S.Ct. 2275 (citation and quotation marks
omitted).
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