Minnesota Supreme Court Clarifies Standard for Hostile Work Environment Claims under State Law

That alleged sexually explicit behavior was directed at both men and women is irrelevant in determining the existence of a hostile work environment under the Minnesota Human Rights Act, the Minnesota Supreme Court has held. Rasmussen v. Two Harbors Fish Company d/b/a Lou’s Fish House et al., No. A11-2178 (Minn. May 22, 2013). The Court further ruled that employees need not offer evidence of a loss of pay or benefits to establish a hostile work environment claim. Finally, it held that an employee whose conduct subjects the employer to vicarious liability for hostile work environment sexual harassment claims cannot be held individually liable as an aider and abettor under the MHRA.