CACI No. 2524

“Severe or pervasive” means conduct that alters the conditions of

employment and creates a work environment that is hostile, intimidating,

offensive, oppressive, or abusive.

In determining whether the conduct was severe or pervasive, you should

consider all the circumstances, including any or all of the following:

(a) The nature of the conduct;

(b) How often, and over what period of time, the conduct occurred;

(c) The circumstances under which the conduct occurred;

(d) Whether the conduct was physically threatening or humiliating.

[Name of plaintiff] does not have to prove that [his/her/ nonbinary pronoun]

productivity has declined. It is sufficient to prove that a reasonable

person who was subjected to the harassing conduct would find that the

conduct so altered working conditions as to make it more difficult to do

the job.

[A single incident can be sufficiently severe or pervasive to constitute

harassment.]

New September 2003; Revised December 2007, July 2019