Sometimes, things can get uncomfortable or awkward at work. But to cross the line into illegal harassment, there needs to be something more: what the law calls “severe or pervasive” negative conduct or behavior.
In a recent case from eastern Pennsylvania, a federal district court ruled that a supervisor’s whisper into a subordinate’s ear, though uncomfortable, did not rise to the level of illegal harassment.
The lesson for HR pros: Though we all strive to cultivate a work environment where everyone feels comfortable all the time, employers are not on the legal hook for isolated awkward moments or petty slights that don’t rise to the level of harassment.
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Whisper Was Not Unlawful Harassment
Peter Nyamu worked for Merck as a biotechnician. In that job, he worked in a sterile setting and was periodically tested to make sure he was not allowing contamination to enter the workplace environment.
After he failed the tests six times in a year, Nyamu was barred in August of 2021 from working in a sterile area. The ban was set to last for one year. As a result, he found himself in a position where he could bid for a different open position or be moved to a non-sterile department until the ban ended.
In mid-September of 2021, Nyamu filed a grievance in which he alleged that his...
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