Extract to table

This memorandum identifies and analyzes the FEHA legal standards that the investigation team must apply in evaluating the evidence

4th 1035, 1043, clarifying that while a broad range of conduct may give rise to harassment claims, the plaintiff must demonstrate a nexus between the challenged conduct and a protected characteristic — in this case, sex

The complainant must demonstrate that they actually perceived the work environment as hostile or abusive (the subjective prong), and a reasonable person in the complainant's position — taking into account all relevant circumstances — must also find the environment hostile or abusive (the objective prong)

The investigation must probe both possibilities

The complainant must demonstrate that the sexual conduct was not solicited or incited by the complainant and that the complainant regarded the conduct as undesirable or offensive

Each instance of alleged harassment must be evaluated on its own terms