Totality of circumstances – Factoring “neutral incidents” into a harassment claim

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Abstract: Just about every legal precedent comes with the disclaimer “depending on the facts and circumstances of the case.” When a worker claimed ongoing sexual harassment, the employer argued that many of the incidents complained of were “neutral” — in other words, not sexual. The appeals court then considered whether this particular set of circumstances should be considered in assessing the harassment claim. Waldo v. Consumers Energy Co., No. 12-1518, Aug. 9, 2013 (6th Cir.) Williams v. CSX Transp. Co., No. 09-5564, June 28, 2011 (6th Cir.) Harris v. Forklift Sys., Inc., No. 92-1168, Nov. 9, 1993 (Supreme Court) Jackson v. Quanex, No.98-1515, Sept. 9, 1999 (6th Cir.)Abstract: Just about every legal precedent comes with the disclaimer “depending on the facts and circumstances of the case.” When a worker claimed ongoing sexual harassment, the employer argued that many of the incidents complained of were “neutral” — in other words, not sexual. The appeals court then considered whether this particular set of circumstances should be considered in assessing the harassment claim. Waldo v. Consumers Energy Co., No. 12-1518, Aug. 9, 2013 (6th Cir.) Williams v. CSX Transp. Co., No. 09-5564, June 28, 2011 (6th Cir.) Harris v. Forklift Sys., Inc., No. 92-1168, Nov. 9, 1993 (Supreme Court) Jackson v. Quanex, No.98-1515, Sept. 9, 1999 (6th Cir.)