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post »Hugging Can Create a Hostile Work Environment, Ninth Circuit Rules—Are Your Employees Aware? 2-28-17

March 14 2017, 6:41 pm

Hugging Can Create a Hostile Work Environment, Ninth Circuit Rules—Are Your Employees Aware? | JD Supra

Bruce’s Summary: The bright line of clarity continues to dim. Now it appears according to the author that the Ninth Circuit has tweaked what it takes to support a hostile work environment in that a plaintiff has to show that subjection to harassment was either severe or pervasive. So, according to the author, put another way, such conduct at issue must either be really bad, or there has to be a lot of it. Well, there goes the Christmas Party hugs, softball high fives, group hugs at bowling and sitting next to someone on the roller coaster. And please don’t bring up the kiss on both cheeks at any function! So the social norms they do keep changing. The Ninth Circuit just didn’t like the numbers. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”