HI · jury_instructions
Haw. Civil Jury Instr. 16.33
SEXUAL HARASSMENT (HOSTILE ENVIRONMENT): PLAINTIFF’S(S’) PERCEPTION
To satisfy the sixth element of a hostile environment
sexual harassment claim, plaintiff’s(s’) perception of
defendant’s(s’) conduct must be objectively reasonable. In
deciding this issue, you must consider whether a reasonable
woman/man in plaintiff’s(s’) position1 would share
plaintiff’s(s’) perception as to the purpose or effect of the
conduct in question. If a reasonable woman/man would consider
such conduct sufficiently severe or pervasive as to alter
his/her conditions of employment and either unreasonably
interfere with his/her work performance or create an
intimidating, hostile, or offensive work environment, the sixth
element is satisfied.
1 The perception must be that of the victim. Steinberg v.
Hoshijo, 88 Hawaiʻi 10, 18, 960 P.2d 1218, 1226 (1998).
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
28d282c6347fec27c4db249a51d23df9666ccae39f1dfa461675a48fc8aa8228
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