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

MultiRegion, United States of America

The following excerpt is from Macias v. Lange, CASE NO. 14cv2763-GPC(JMA) (S.D. Cal. 2016):

Whether "an environment is 'hostile' or 'abusive' can be determined only by looking at all the circumstances, [and] 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." Harris v. Forklift Sys., Inc., 510 U.S. 17, 23 (1993). "The effect on the

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employee's psychological well-being is, of course, relevant to determining whether the plaintiff actually found the environment abusive. But while psychological harm, like any other relevant factor, may be taken into account, no single factor is required." Id. Generally, "the more severe harassment, the less need to show a repetitive series of incidents." Brooks v. City of San Mateo, 229 F.3d 917, 926 (9th Cir. 2000) (citation omitted).

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