For Cindy, to successfully allege hostile work environment, she must be able to prove
1. They belong to a statutorily protected class:
2. They were subjected to harassment in the form of unwelcome verbal or physical conduct involving the protected class;
3. The harassment complained of was based on her statutorily protected class;
4. The harassment affected a term or condition of employment and or had the purpose or effect of unreasonably interfering with the work environment and or creating an intimidating, hostile, or offensive work environment; and
5. There is a basis for imputing liability (it is fair to find the employer liable, they were on notice of the conduct and did nothing, etc.)
To be actionable as "abusive work environment" harassment,
1. They belong to a statutorily protected class:
2. They were subjected to harassment in the form of unwelcome verbal or physical conduct involving the protected class;
3. The harassment complained of was based on her statutorily protected class;
4. The harassment affected a term or condition of employment and or had the purpose or effect of unreasonably interfering with the work environment and or creating an intimidating, hostile, or offensive work environment; and
5. There is a basis for imputing liability (it is fair to find the employer liable, they were on notice of the conduct and did nothing, etc.)
To be actionable as "abusive work environment" harassment,