How someone discriminates against you and how often are important details that can either get your claim approved or denied.
Harassment
Harassment of an employee that would not occur but for the employee’s race, color, sex, national origin, age, disability, or religion is unlawful. McKinney v. Dole, 765 F.2d 1129, 1138-1139 (D.C. Cir. 1985).
A single incident or group of isolated incidents will not be regarded as discriminatory harassment unless the conduct is severe.
Walker v. Ford Motor Co., 684 F.2d 1355, 1358 (11th Cir. 1982). Whether the harassment is sufficiently severe to trigger a violation of Title VII [and the Rehabilitation Act] must be determined by looking at all the circumstances, including:
- The frequency of the discriminatory conduct.
- Its severity.
- Whether it is physically threatening or humiliating, or a mere offensive utterance.
- Whether it unreasonably interferes with an employee’s work performance.
Harris v. Forklift Systems, 510 U.S. 17 (1993). Even assuming that complainant intended to include all three issues in her harassment claim, we find that the alleged conduct is not sufficiently severe or pervasive to be considered unlawful.
Based on a thorough review of the record and the contentions on appeal, we AFFIRM the FAD.
