Was the boss "merely crude", or was he sexually harassing her?

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When is sexual conduct bad enough to be sexual harassment? The Fourth Circuit dealt with this issue in EEOC v. Fairbrook Medical Clinic (4th Cir. 2010). A male supervisor doctor sexually harassed a female doctor, and the trial court concluded the sexual conduct was not severe and frequent enough--it was merely crude behavior. The Fourth Circuit reversed and concluded the conduct was of a sexual nature, and it was severe and frequent enough. The Fourth Circuit discussed in some detail when conduct rises to the level of being unlawful sexual harassment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Drew Capuder, Capuder Fantasia PLLC | Attorney Advertising

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