Search
The Employer Handbook Blog
đ˛ Wait⌠THIS Didnât Count as a Hostile Work Environment?
Employees and supervisors often assume that any inappropriate physical contact is automatically a hostile work environment. But the Eleventh Circuit continues to apply one of the strictest âsevere or pervasiveâ standards in the country. This case shows just how high that bar is.
This is part two of the series. Yesterdayâs post covered why a criminal subpoena did not count as Title VII âparticipation.â Today, we look at the employeeâs hostile work environment claim.
TL;DR: An employee described two incidents where a coworker tried to kiss her and later attempted to pull her onto his lap, along with occasional suggestive comments over several years. The Eleventh Circuit held that the conduct was inappropriate, but not sufficiently frequent, severe, or physically threatening to alter the conditions of her employment. The hostile work environment claim failed.
The facts: two encounters over a long working relationship
The employee had worked at the company for many years. The workplace culture was rough, filled with coarse language, sexual jokes, and age-related teasing. She regularly participated in the banter.
In January 2020, she experienced two encounters with a coworker:
- He stood up, embraced her, and attempted to kiss her. She turned her cheek and rejected the advance.
- Shortly afterward, he sat in his office, placed a hand on her back, spread his legs, and pulled her toward him as if trying to seat her on his lap. An HR employee walked into the room, interrupting the encounter.
The employee did not report these events when they happened. She mentioned them later only because management questioned her during a separate investigation. She also referenced occasional suggestive comments from the coworker over their five-year working relationship.
She later claimed that these incidents created a hostile work environment under Title VII.
Why the hostile environment claim failed
To establish a hostile work environment, a plaintiff must show conduct that is unwelcome, based on sex, and sufficiently severe or pervasive to alter the conditions of employment. The Eleventh Circuit found the employeeâs evidence lacking on frequency, severity, physical threat, and interference with work.
1. The conduct was not frequent
Two physical incidents in one month, plus vague references to occasional comments over several years, did not satisfy the frequency requirement. Isolated incidents, unless extremely serious, typically do not meet the standard.
2. The incidents were not severe compared with Eleventh Circuit precedent
The court relied on earlier cases involving more intrusive or graphic conduct that still did not rise to a hostile work environment. For example, prior cases included hip rubbing paired with sniffing near the groin, constant staring, and lifting a dress hem several inches. Against that backdrop, the conduct here, while inappropriate, did not meet the severity threshold.
3. No evidence of physically threatening behavior
Although the conduct was unwelcome and sexual in nature, the record did not show that it was physically threatening or humiliating in a way that changed the employeeâs working conditions.
4. No evidence that it interfered with her work
A hostile environment requires proof that the conduct unreasonably interfered with job performance. The employee offered no such evidence.
What employers should take from this
1. This outcome reflects one of the toughest harassment standards in the country
The Eleventh Circuit applies a notoriously high threshold. Employers outside Alabama, Georgia, and Florida should not assume that two physical encounters and sexual comments would be dismissed elsewhere. Many circuits would send similar facts to a jury.
2. Address boundary-crossing behavior immediately
Even when conduct does not meet the âsevere or pervasiveâ standard, inappropriate physical contact requires a prompt and thorough response.
3. Encourage quick reporting
Delayed reporting makes investigations harder and limits available evidence. Reinforce reporting mechanisms and anti-retaliation procedures.
4. Document and investigate consistently
Courts credit employers who investigate complaints, document their findings, and enforce policies consistently.
5. Train supervisors in all workplace cultures
Participating in crude banter does not mean an employee welcomes physical advances. Even in relaxed environments, managers must recognize and act on boundary-crossing behavior.
These incidents were inappropriate, but under the Eleventh Circuitâs demanding standard they were not severe or pervasive enough to create a hostile work environment. Employers should take them seriously anyway. Good culture, early intervention, and consistent enforcement remain the best protections.