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Finally, you completely misunderstand the law of sexual harassment. A typical definition (in this case, the one employed by the EEOC) is “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when ... such conduct has the purpose or effect of unreasonably interfering with an individual’s woman work performance or creating an intimidating, hostile or offensive working environment.” 29 C.F.R. Part 1604.11(a). This is generally woman the standard in New York. E.g. Rudow v. New York City Com’n on Human Rights, 123 Misc.2d 709, 474 N.Y.S.2d 1005 (N.Y. Supp. 1984). Under state law, sexual harassment actions are based on N.Y. Executive Law 296. Likewise, in a typical Sexual harassment case, a plaintiff can prevail because a jury concludes that she “was injured because ‘her workplace was so permeated with discriminatory sexual behavior that was so severe or pervasive that it altered the conditions of her employment and created an abusive working environment for her.’”
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