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Upon being hired, Plaintiff was warned that creative process in writing show involved sexual discussions and coarse language, and most of the conduct took place in group sessions with both male and female writers recounting sexual experiences while brainstorming and generating script ideas for adult-themed show; Plaintiff failed to show how vulgar discussions and conduct affected her work hours or duties in disparate manner.As mentioned at the beginning of the section detailing the various factors, this is the crux of the “hostile work environment” theory of liability.
The next factor is straightforward, but must be included.
The third factor you must establish when pursuing a claim for harassment or discrimination under the “hostile work environment” theory, is that the harassment you have been subject to is based on your membership of one of the specifically enumerated classes in the FEHA.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.
Employees should also report harassment to management at an early stage to prevent its escalation.
In order to succeed under a “hostile work environment” theory, you will need to show something more than isolated incidents, or an environment that was expected in the context of your employment.