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October 20th, 2011: Sexual Conduct must be Pervasive to Prevail in a Hostile Work Environment Claim

On October 18th, 2011, in Brennan v. Townsend & O'Leary Enterprises, Inc. (California Courts of Appeal—4th District, No. G042398), the court held that in order to prevail on a hostile work environment claim, sexual harassment must be significantly pervasive and actually alter the work environment to an abusive level. The court found that it was not enough to have sporadic and isolated events.

Applied to Brennan, the court noted that the plaintiff's claim of harassment was characterized by an email from 2004 referring to her as "big titted mindless," as well as witnessing another employee wear a veil with a plastic penis during a staff meeting, and during a Christmas event the Santa Claus asked three women personal questions. These incidents were found by the court to be too sporadic and isolated to constitute a hostile work environment.

If you are being harassed on the job and would like to speak with a Southern California sexual harassment lawyer then you should contact Spray, Gould & Bowers LLP today. A member of our legal team will be able to take a look at your case and provide you witht he guidance you need whether you are facing discrimination or suffering due to a hostile work envirenment. Don't hesitate to call and speak with a legal advocate to see if you have a claim today.

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