To determine whether an environment is hostile, EEOC investigators look at:
(1) whether the conduct was verbal or physical or both;
(2) how frequently it was repeated;
(3) whether the conduct was hostile or patently offensive;
(4) whether the alleged harasser was a co-worker or supervisor;
(5) whether others joined in perpetrating the harassment;
(6) whether the harassment was directed at more than one individual; and
(7) what happened when senior management became aware of the situation — such as whether the offensive conduct was dealt with and immediately ended or condoned.
No one factor controls. An assessment is made based upon the "totality of the circumstances". The objective severity of harassment is judged from the perspective of a reasonable person in the plaintiff's position, considering "all the circumstances."
(Reviewed 9-08)