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A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.
If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.
When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Harassment can occur in a variety of circumstances, including, but not limited to, the following: Prevention is the best tool to eliminate harassment in the workplace. If you don’t have HIV, taking Pr EP every day can lower your chances of getting HIV from sex by more than 90%. If you’re at high risk for HIV and you’re pregnant, trying to get pregnant, or breastfeeding, Pr EP may also help you and your baby avoid getting HIV.