14 To be considered pervasive, the conduct must be repeated, continuous and concerted, and not merely an isolated incident or occasional occurrence.15 Moreover, to sustain a hostile environment claim, the conduct must have been unwelcome-that is, the conduct was neither invited nor incited by the complaining party-and the complainant must have clearly indicated that the conduct was unwelcome.16 Hostile environment sexual harassment encompasses a wide range of behaviors including, inter alia, displays of sexually-explicit materials, sexuallycharged or demeaning jokes, derogatory names or epithets, physical advances, repetitive requests for dates, repeated comments on physical appearance, and sexually-charged body language or facial expressions.17 The terms and conditions of employment need not have been tangibly affected, even if the offending conduct had the purpose of unreasonably interfering with the victim's work performance.18 To be actionable, the conduct at issue must have been tinged with offensive sexual content and must have demonstrated discrimination based on sex.19 The range of circumstances considered includes the frequency, severity, physical nature, associated humiliation, and job interference inherent in the harassing behaviors.20 As a precondition to an actionable harassment claim, would-be plaintiffs must first utilize any procedures established by the employer for prevention and correction of sexual harassment.21 The concept of hostile environment is both complicated and imprecise, leaving many issues for the courts to resolve.

Included in

Law Commons