Question

To prove hostile-environment sexual harassment claim, the plaintiff must demonstrate ALL of the following: ________. (Check ALL that apply)

1) Management knew, or should have known, about the harassment, and did nothing to stop it
2) He or she suffered intentional, unwanted discrimination because of plaintiff's gender
3) The harassment was severe or pervasive
4) The harassment was only subjectively, but not objectively, unwelcome

Answer 1

To prove a hostile-environment sexual harassment claim, the plaintiff must demonstrate management's knowledge of and inaction regarding the harassment, intentional unwanted discrimination based on gender, and the harassment being severe or pervasive.

Step-by-step explanation:

To prove a hostile-environment sexual harassment claim, the plaintiff must demonstrate the following:

1. Management knew, or should have known, about the harassment, and did nothing to stop it. This means that the plaintiff needs to show that those in a position of authority were aware of the harassment and failed to take appropriate action to address it.
2. He or she suffered intentional, unwanted discrimination because of the plaintiff's gender. The plaintiff needs to demonstrate that the harassment they experienced was based on their gender and was intentional.
3. The harassment was severe or pervasive. The plaintiff must show that the harassment they experienced was either severe, meaning it was particularly egregious, or pervasive, meaning it occurred on a regular basis.

These are the three elements that need to be proven in order to establish a hostile-environment sexual harassment claim.