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On August 2, 2006, the 10th Circuit Court of Appeals held that four statements made by a second level supervisor to an employee over a one year period was not sufficiently “severe or pervasive” for the purpose of showing the existence of a hostile work environment. The supervisor commented that the employee’s shorts were too short and asked to measure them from the inside of her thigh, asked if she tanned naked, whispered in her ear that he liked her haircut and asked to see her thong underwear. Despite the nature of these comments, the Court concluded that no reasonable jury could find a hostile work place and affirmed dismissal of the claims.

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