Legal Question in Sexual Harassment in California

Proving severe or pervasive harassment - REPLY

You must be able to meet both an objective and a subjective standard. The objective standard is that a reasonable person in your position would have considered the conduct severe or pervasive. If you are a female plaintiff, then the fact finder uses the reasonable women standard. If you are a male plaintiff, the fact finder uses the reasonable male standard. If the case requires it, the fact finder also considers the plaintiff's other fundamental traits, e.g., race, age, physical or mental disability, and sexual orientation. Under the subjective standard, the plaintiff must have actually found the conduct sufficiently severe or pervasive to interfere with the work environment.