The elements to prove a harassment claim a. Often the key to prove. these cases is the second element: that the harassment resulted in a tangible employment action; OR that the harassment was severe and pervasive enough to create a hostile work environment.

How much is "severe and pervasive?" It depends on how bad it is and how often it happens. And it is not always clear when the alleged harasser and the victim share a history of dating or casual sexual activity. Take for example the Gerald vs. University of Puerto Rico case on page 304. Here professional colleagues engaged in a casual sexual affair, and exchanged various comments in the workplace that crossed the line into unprofessional. But the conduct ended up being so severe and pervasive that the plaintiff succeeded in her case on appeal.

If you were a HR Director reviewing a similar complaint with similar facts, where would you see the behavior crossing the line into "severe and pervasive" harassment, given the dating history of the parties?