To rise to the level of an unlawful hostile work environment based on sex the gender-based harassment must be severe or pervasive. The Fourth Circuit Court of Appeals in EEOC v. Central Wholesalers, No 08-1181 (July 24, 2009), recently described a hostile work environment where it could be found that the sexual harassment was severe or pervasive:
"We conclude that a reasonable jury could find that the gender-based harassment was objectively severe or pervasive. The evidence shows that Mike, Tony, and Green all regularly referred to women as b***hes. Moreover, DaBay called Medley a b***h a number of times during the November 10 incident. In addition, Mike -- whose cubicle was right next to Medley's -- had a Playboy calendar on his desk, kept Playboy magazines in his cubicle, hung a Playboy poster on his wall, watched pornography on his computer in Medley's presence, used a pornographic screensaver depicting partially naked women, and placed the screwdriver in the Halloween decoration in a sexual manner more than once. This evidence is certainly sufficient to create a triable issue on whether the gender-based harassment was objectively severe or pervasive."
