Melissa Null


The United States Supreme Court has stated that when considering whether conduct reaches the threshold of actionable sexual harassment it is necessary to look at the totality of the circumstances. The Equal Employment Opportunity Commission (“EEOC”) also advances this approach. However, a circuit split exists in applying the totality of the circumstances approach. One approach includes considering the work environment as part of the totality of the circumstances, while the other approach specifically reject considering whether the environment is blue-collar or professional. This Note explains that while the Eighth Circuit has not specifically adopted one approach, it seems apparent form Duncan v. General Motors Corp. that the court takes into consideration the specific work atmosphere. This Note also examines whether the standard is discriminatory in and of itself.

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