Abstract

In determining when sexual behavior in the workplace creates a hostile working environment, some courts have asked, ‘Would a reasonableperson view this as a hostile environment?’ Two recent court decisions, recognizing male-female differences in the perception of social sexual behavior at work, modified this standard to ask, “Would a reasonablevictim view this as a hostile environment?” As yet, there is no consensus in the legal community regarding which of these standards is just.

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