What is the test for determining whether workplace harassment was severe or pervasive enough to be actionable?

MultiRegion, United States of America

The following excerpt is from Cruz v. Coach Stores Inc., 202 F.3d 560 (2nd Cir. 1999):

Determining whether workplace harassment was severe or pervasive enough to be actionable depends on the totality of the circumstances. Because the crucial inquiry focuses on the nature of the workplace environment as a whole, a plaintiff who herself experiences discriminatory harassment need not be the target of other instances of hostility in order for those incidents to support her claim. See 115 F.3d at 150-51. Nor must offensive remarks or behavior be directed at individuals who are members of the plaintiff's own protected class. Remarks targeting members of the other minorities, for example, may contribute to the overall hostility of the working environment for a minority employee. See Schwapp v. Town of Avon, 118 F.3d 106, 111-12 (2d Cir. 1997) (finding that harassment of other minorities was relevant to whether a black police officer experienced a racially hostile or abusive working environment).

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