As attorney Eric B. Meyer explains in a recent post on The Employer Handbook blog, demonstrating a solid “hostile work environment” claim usually requires the plaintiff to show that he or she was subjected to either severe or pervasive behavior. That said, he notes that a few states, like New Jersey, have held that “a single discriminatory comment can create an actionable hostile work environment claim.”
Recently one plaintiff alleged that her boss “grabbed her, ‘forcibly’ pulled her back and kissed her on the neck.” This was without question offensive, Meyer said, but could this “one” incident be enough to create a viable hostile work environment claim?
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