What is the initial burden of establishing a prima facie case of sexual discrimination?

MultiRegion, United States of America

The following excerpt is from Burchell v. U.S., 9 F.3d 1550 (9th Cir. 1993):

The plaintiff in a Title VII action bears the initial burden of establishing a prima facie case of sexual discrimination. Jordan, 847 F.2d at 1373. In order to show a hostile or abusive work environment based on gender, the plaintiff must demonstrate that: "(1) that he or she was subjected to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, (2) that this conduct was unwelcome, and (3) that the conduct was sufficiently severe or pervasive to alter the conditions of the victim's employment and created an abusive work environment." Ellison v. Brady, 924 F.2d 872, 875-76 (9th Cir.1991).

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