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Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
In determining whether one of the above criteria is met, the standard to be applied is that of the reasonable victim of the same gender as the victim. For example, the perspective of a "reasonable female victim" should be applied when the victim is a woman.
It is no defense to a claim of sexual harassment that the alleged harasser did not intend to harass...
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