Courts don’t require that workplaces be perfect. For example, absent other evidence of sex discrimination, such as unequal pay or disparate treatment, a few comments or looks don’t create a sexually hostile environment.
Recent case: Judith, who is Colombian, worked for seven years as a server in a restaurant owned by a Greek man. She quit and sued, alleging sex and national origin discrimination. Her lawsuit alleged that Greek male employees received better schedules and pay. She claimed one of the owners sometimes leered at waitresses, creating a hostile work environment.
But she offered no evidence of unequal pay or schedule changes seemingly related to national origin or sex. Nor was anything she described as sexual harassment severe or pervasive enough to qualify. The case was quickly dismissed. (Mejia v. Cosmic Diner, et al., No. 150228/2014, New York County Supreme Court, 2016)