Additionally, sexual harassment and harassment based on a person’s other protected status is unlawful if the harassment is so “severe or pervasive” that it creates a hostile or abusive work environment. Such severe or pervasive, hostile work environment harassment may or may not include sexual demands, but includes behavior that is sexual in nature, unwanted and adversely affects the victim’s work environment. For example, even though the boss does not expressly demand sex from his secretary, he constantly calls her “sweetie,” “babe,” and other sexist names; he puts his arm around her shoulders or otherwise touches her in an unwanted fashion, such as brushing against parts of her body presumably “by accident;” he sends her or allows to be sent in the office email of dirty sexual jokes or porn; he posts or allows sexually offensive pictures or cartoons; he comments on her “sexy” wardrobe or her figure; he speaks with “double entendre” and innuendo; and the work environment is otherwise permeated with unwanted sexual content. Unfortunately, under the law, these behaviors in isolation by themselves or even in combination of several isolated instances may not be actionable. The law requires that the combination of all things must amount to “severe or pervasive” sexual conduct to be actionable.

Harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.