A rule for harassment cases sensitive to the rights of victims
In any case where a person alleges that a covered entity has deprived that person of equal terms and conditions by harassing that person, liability for such alleged unlawful discriminatory act shall attach where the complainant or plaintiff demonstrates that the conduct complained of was motivated in whole or in part by the person’s protected class, regardless of the level of pervasiveness or severity of the harassment. Notwithstanding the foregoing, a covered entity may demonstrate as an affirmative defense to liability that the harassment complained of consisted of no more than what a reasonable victim of discrimination would consider petty slights and trivial annoyances.
Note: legislation being amended would need to contain a new definition:
The term “protected class” shall mean actual or perceived [fill in protected classes protected by the law in question].