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What are the elements for an employment discrimination action?

 

A:

 

  • The plaintiff belongs to a protected group;

    The plaintiff has been subject to unwelcome harassment;

    The harassment must have been based on a protected characteristic of the employee;

    The harassment was sufficiently severe or pervasive to alter terms and conditions of the employment and create a

     

    discriminatorily abusive work environment; and

    The employer is responsible for the abusive environment under either theory of vicarious or direct liability.

     




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