Which of the following is NOT an element of sexual harassment cases?

• A. Creation of hostile environment
• B. Retaliation against the complainant
• C. Words or actions sexual in nature
• D. Severe or pervasive actions

Answer: (B)

The concept being tested is what must be shown to establish a sexual harassment claim. Harassment rests on unwelcome conduct of a sexual nature that is tied to the person’s sex and is severe or pervasive enough to create a hostile environment or to affect employment terms. Words or actions of a sexual nature fit as the conduct, and describing it as severe or pervasive explains why it crosses from inappropriate to actionable. Retaliation against the complainant, while illegal and something you can pursue as a separate claim, is not part of the core elements that define a harassment claim itself. It’s a distinct protection that addresses punishing someone for reporting harassment, not the harassment conduct itself.