Can one incident constitute sexual harassment?
It depends. In quid pro quo cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits. In contrast, unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create a hostile environment. A hostile environment claim usually requires a pattern of offensive conduct. Nevertheless, a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical. For example, the EEOC will presume that the unwelcome, intentional touching of a charging party’s intimate body areas is sufficiently offensive to alter the condition of his or her working environment and constitute a hostile environment.
