It is unlawful for an employer to discriminate on the basis of an employee’s sex. Sexual harassment is a form of sex discrimination.
Plaintiff alleges the Defendant engaged in sex discrimination by creating or maintaining a hostile or offensive work environment. Plaintiff has the burden of proving, by the greater weight of the evidence, each of the following essential elements:
1) Plaintiff belongs to a protected group;
2) Plaintiff was subjected to unwelcome sexual harassment;
3) The sexual harassment was based on the Plaintiff’s gender, or in other words, that but for the fact of the Plaintiff’s gender, the Plaintiff would not have been the object of harassment;
4) The harassment affected a term, condition, or privilege of Plaintiff’s employment; and
5) The Defendant knew or should have known of the harassment and failed to take proper remedial action.