A decision issued by the state’s highest court last week makes proving sexual harassment in the workplace easier. At issue in the case was the “severe and pervasive” standard of proof that has been required for proving these cases. While the Court did not abolish this standard, it clarified that “severe and pervasive” should be based on what a reasonable person thinks is unacceptable behavior in the workplace. The Court acknowledged that society’s views of what is acceptable workplace behavior have changed and that the standard must “evolve” to reflect these changes.
Claims for sexual harassment have historically had a hard time surviving summary judgment. The Court’s decision signals to the district court judges that more of these cases should be allowed to proceed to trial where the facts can be weighed by a jury.