Race-Based Hostile Work Environment Claims in Federal and Minnesota Courts: A Historical Perspective on the “Severe or Pervasive” Standard

The two primary statutes that protect Minnesotans against race-based harassment in the workplace are the Minnesota Human Rights Act (“MHRA”), enacted in 1955, and Title VII of the Civil Rights Act of 1964. Since their enactment, courts have seemingly narrowed their protections and applied increasingly stringent standards. One such standard is the “severe or pervasive” standard, a federal case created measure used to determine whether workplace harassment in a given case is actionable.

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