What is the test for determining whether discriminatory conduct in the workplace is sufficiently severe or pervasive?

MultiRegion, United States of America

The following excerpt is from Vega v. Honeywell Int'l, Inc., Case No.: 3:19-CV-0663 W (BGS) (S.D. Cal. 2021):

In evaluating whether conduct is sufficiently severe or pervasive, courts "look at 'all the circumstances,' including 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." Nichols v. Azteca Rest. Enter., Inc., 256 F.3d 864, 872 (9th Cir. 2001) (citation omitted). Additionally, the working environment must be both objectively hostile, as perceived by a reasonable person, and subjectively hostile, as perceived by the plaintiff. Lelaind, 576 F.Supp.2d at 1101.

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