What is the test for determining whether a workplace environment is "hostile or abusive"?

California, United States of America


The following excerpt is from Blanchard v. Pier 1 Imports (u.S.) Inc, A126243, No.SCV243254 (Cal. App. 2010):

circumstances: '[W]hether an environment is "hostile" or "abusive" can be determined only by looking at all the circumstances. These may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.' [Citation.]" (Miller v. Department of Corrections (2005) 36 Cal.4th 446, 462.)

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