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Anyone affected by the offensive conduct in question, not just the person to whom it is directed, may be a victim.
The California Supreme Court dismissed the suit, claiming the banter was all part of the "creative workplace" required for a comedy show with sexual themes.
Factors a court will consider in hostile work environment cases include the following: Note: If the alleged victim willingly participated in sexual banter or risqué jokes, it will be more difficult for them to prove that they have actually been harassed.
The EEOC defines the offense as follows: "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." The EEOC offers additional guidance on what constitutes sexual harassment, including the following: Types of Harassment: Quid Pro Quo and Hostile Work Environment There are two different types of sexual harassment claims, although the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years: Each state is different with regard to protections against sexual harassment.
For example, Alabama allows for an employee to sue an employer for sexual harassment based on a theory of invasion of privacy.