What is the test for determining that a workplace environment is not a sexually hostile environment?

MultiRegion, United States of America

The following excerpt is from Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991):

In Jordan, we reviewed for clear error the district court's determination that an employee was not subjected to particular unwelcome advances. Id. at 1375. We explained that we will review de novo a district court's final conclusion that conduct is not severe enough or pervasive enough to constitute an abusive environment. Id. at n. 7. We affirmed the district court's judgment in Jordan because we did not find its factual findings clearly erroneous. Id. See also Vasconcelos v. Meese, 907 F.2d 111, 112 (9th Cir.1990) (affirming district court's decision that the working environment was not sexually hostile because the district court's factual findings were not clearly erroneous).

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