Hostile environment sexual harassment claims: When once is enough

The Supreme Judicial Court of Maine recently held, in Nadeau v. Rainbow Rugs, Inc., that a single incident of sexual harassment may be sufficient to create a hostile work environment. The author concludes, based on an analysis of the two leading United States Supreme Court decisions in this area of the law, that the court's conclusion in Nadeau is correct. Additionally, the author discusses the Nadeau court's observation that the severity of harassing conduct may vary inversely with its pervasiveness, and suggests this standard as a useful tool in analyzing whether motions for summary judgment may, or should, be granted in single-incident sexual harassment cases.