Sexual Harassment – Court Finds “Pervasiveness” Where Harasser Previously Engaged in Similar Conduct

Employee Discrimination Reporter

To satisfy the “severe or pervasive” element of a hostile work environment, a Plaintiff must establish that her workplace was “permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Severity and pervasiveness “are alternative possibilities: some harassment may be severe enough to contaminate an environment even if not pervasive; other, less objectionable, conduct will contaminate the work place only if it is pervasive.” Jensen v. Potter, 435 F.3d 444, 449 n.3 (3d Cir. 2006) (citations omitted) (overruled in part on other grounds by Burlington N. Santa Fe Ry. Co. v. White, 548 U.S. 53, 126 S. Ct. 2405, 165 L. Ed. 2d 345 (2006)). In Fox v. Premier Immediate Medical Care, LLC, (no. 10-4516), 2012 U.S. Dist. LEXIS 172064 (December 3, 2012) (Goldberg, J.), the Court found that in…

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