Hootsworth’s Questions & Answers

How can "subjectively offensive" conduct in the eyes of complainant be "objectively offensive" to a reasonable person? Seems a bit contradictory--shouldn't it be one or the other for both parties?


The legal standard is a 2 prong standard -- subjective and objectively offensive.

First it needs to be shown that the person is offended. Then, it needs to be shown that any person in that person's shoes would also be offended.

Hope that helps clarify.

Sm thumb janine yancey
Answered by
Janine Yancey
Workplace Harassment Expert
January 9 2018
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