Does all sex-related conduct in the workplace constitute sexual harassment?
The Civil Rights Act does not prohibit “genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex.” A recurring point in the Court’s opinions is that “simple teasing,” offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the “terms and conditions of employment.” The court has stated that the sexually harassing conduct must be both objectively and subjectively offensive, in that a reasonable person would find it hostile or abusive. Further, the victim of the harassment must also perceive the conduct as hostile or abusive. Conduct that is not severe or pervasive, or conduct that is not considered offensive by the victim, is not considered sexual harassment under Title VII.
