What is the test for "reasonable belief" under Title VII of the Human Rights Code?

MultiRegion, United States of America

The following excerpt is from Davidson v. Korman, CIV. NO. S-10-2502 FCD GGH PS (E.D. Cal. 2010):

However, a "reasonable belief" does not equate to any subjective relief however strained, or however sensitive the hearer may be. Title VII requires a bit of objectivity in that the belief must be reasonable, i.e., could the reasonable person have formed a belief that such comments rose to the level of creating a hostile environment. A hostile environment is one so "'severe or pervasive' as to "'alter the conditions of [the victim's] employment and create an abusive working environment.'" Faragher v. City of Boca Raton, 524 U.S. 775, 786, 118 S.Ct. 2275, 2283 (1998). "'([M]ere utterance of an ethnic or racial epithet which engenders offensive feeling in an employee' would not sufficiently alter terms and conditions of employment to violate Title VII)." Id. at 787. "'[A] lack of racial sensitivity does not, alone, amount to actionable harassment." Id.

Other Questions


What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
What is the test for preemption under Title VII of the Human Rights Code? (MultiRegion, United States of America)
Does section 33 of the Health and Social Care Ontario Health and Welfare Act, section 933(a) of the Human Rights and Human Rights Act, apply to an employer's liability under the Health & Social Care Act? (MultiRegion, United States of America)
What is the impact of a government report on human rights in the context of human rights legislation? (MultiRegion, United States of America)
Does s. 15(1) of the Canadian Human Rights Code grant every person a guarantee of substantive equality? (Canada (Federal), Canada)
What is the test for determining whether there genuinely are serious reasons for considering that a claimant may be complicit in the commissioning of crimes under section 1F of the Convention on Human Rights? (Canada (Federal), Canada)
When will the court not invoke s. 52(c)(i) of the Human Rights Code in a refugee application? (Canada (Federal), Canada)
What is the test for applying section 15 of the Canadian Human Rights Code? (Canada (Federal), Canada)
What is the test for s. 15 of the Canadian Human Rights Code? (Canada (Federal), Canada)
What constitutes discrimination in the context of s. 15 of the Canadian Human Rights Code? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.