Bankruptcy Section
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What is the threshold for a finding of unlawful harassment?
To rise to the level of illegal, the harassment must be found to have been based on discriminatory treatment on the base of race, color, sex, national origin, age of 40 or older, disability, or protected activity under the anti-discrimination statutes. The act itself must be “so objectively offensive as to alter the ‘conditions’ of the victim’s employment.” Simple teasing, isolated instances or offhand comments generally do not qualify as harassment. A prudent business practice should be to address complaints of a less serious nature in order to keep these instances from escalating to the level of illegality.
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