Under Title VII of the Civil Rights Act of 1964, may a hostile work environment form the basis for unlawful retaliation when pursuing claims in the 9th Circuit? Here’s my point of view.
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Title VII (9th Circuit): Hostile Work Environment (Harassment) May Form the Basis for Retaliation Claims
The Ninth Circuit* recognizes that a “hostile work environment may be the basis for a retaliation claim under Title VII” since “[h]arassment . . . is the paradigm of ‘adverse treatment that is based on retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity.’” Ray v. Henderson, 217 F.3d 1234, 1244-45 (9th Cir. 2000) (quoting EEOC Compliance Manual ¶ 8008) (hyperlinks added). Under either theory, “[h]arassment is actionable only if it is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’” Id. at 1245 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993)).
Read our related articles
» Title VII of the Civil Rights Act of 1964
» What are the elements of Hostile Work Environment in WA State?
» What are the elements of Unlawful Retaliation in WA State?
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