“In determining if conduct is ‘severe and/or pervasive,’ the Court should consider the totality of the circumstances, ‘including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance.” Stewart v. Caton, Civ. No. 13-823, 2013 WL 4459981, at *6 (E.D. La. Aug. 13, 2013) (Barbier, J.) (citing Shepherd v. Comptroller of Pub. Accounts of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999). Defendants cite to numerous cases to illustrate [their] point, but as [Plaintiff] correctly points out, many of the cases to which Defendants cite may not be relied on because they come from jurisdictions outside of the Fifth Circuit and/or have been overruled.”
Stewart v. Caton, 2013 WL 4459981, at *6 (E.D. La. Aug. 13, 2013) (Barbier, J.).