What constitutes harassment under Title VII?

Harassment under Title VII is defined as unwelcome conduct that is based on protected characteristics such as race, color, religion, sex, or national origin, which creates a hostile or abusive work environment or results in an adverse employment decision. The essence of the correct answer highlights that it is not merely the conduct that is relevant, but rather that the conduct is unwelcome and specifically tied to those protected categories, making it legally actionable. This understanding is crucial because it underlines the importance of the impact that such conduct has on an individual’s employment situation.

In contrast, while performance reviews can sometimes include elements that relate to discrimination, they do not automatically constitute harassment unless they involve conduct that is unwelcome and based on a protected characteristic. Favoritism among employees or personal relationship dynamics, on their own, do not meet the statutory criteria for harassment under Title VII unless they intersect with those protected categories in a manner that creates a hostile work environment for the affected employee. Thus, the focus remains on the unwelcome nature of behaviors and their basis in protected characteristics, aligning with the established legal framework surrounding workplace harassment.