Legal Question in Employment Law in Virginia

Re: human resources

This is not an easily answered question and is usually addressed by federal courts in rather general rather than in narrowly specific terms.

There is, however, apparent agreement that in a federal sexual harassment claim based upon a hostile work environment, or other claims involving race, national origin, or religion, also based upon an allegedly hostile work environment, that the fact finder is required to consider all of the relevant circumstances and that the plaintiff must show that the prohibited harassment existed at the defendant's(employer) worksite that was sufficiently severe or pervasive

to alter the conditions of employment and create an abusive working environment. (See "EEOC Guidelines on Discrimination Because of Sex" which recognize that harassment on the basis of sex, race, national origin, or religion is a violation of Title V11, Civil Rights Act 1964. 29 C.F.R. Sec. 1604.11(a). See also Meritor Savings Bank v. Vinson, 477 U.S. 57(1986). Also, Anthony v. County of Sacramento, 898 F.Supp. 1435,1447,n.16 (E.D. Cal. 1995.)

As to whether the specific kinds of harassment alleged and directed against any particular employee would likely be regarded as qualifying as prohibited conduct under applicable federal law in any given federal circuit would require the evaluation of many more facts/issues related to the particular claim involved as well as further research and analysis of the

federal case law applicable to these particular kinds of claims which have acquired the status of precedents in the particular federal circuit in which the case was filed.