Sexual harassment claims typically fall into one of two categories: "quid pro quo" or "hostile environment." The difference can be important in terms of employer liability.
What is "quid pro quo" harassment?
Quid pro quo harassment occurs when submission to, or rejection of, conduct constituting sexual harassment is used as the basis for employment decisions affecting an employee. By its very nature, then, this is harassment which is engaged in by a supervisor, manager, or someone else who is in a position to grant or influence employment decisions.
As an example, a demand for sexual favors in exchange for a promotion, a better assignment, or a raise constitutes quid pro quo.
What is "hostile environment" harassment?
A hostile environment is created when sexual harassment which is occurring in the workplace has the purpose, or effect, of interfering with an employee's work performance or creates an intimidating, hostile, or offensive working environment. This means that if the harasser intends to create a hostile environment and is successful, the conduct violates Title VII. But it also means that conduct which in fact interferes with an employee's work performance, or creates an intimidating hostile or offensive work environment, even if the alleged harasser did not mean to create such an environment, still violates Title VII.
For example, a workplace in which sexual jokes or innuendo are permitted to flourish can create a hostile work environment.
It's important to also remember that a hostile environment can be created by the acts of supervisors, co-workers, or even third parties (for example, vendors or customers) with whom the employee must work.
For additional information about sexual harassment in the workplace, you might like to read:
These and additional posts can be found by clicking on the EEO-Sexual Harassment category in the left side bar.
[The above article, with the exception of the post references, was taken with permission from What Every Supervisor Should Know About Sexual Harassment, a booklet prepared by the Labor and Employment Law Department of Bond, Schoeneck & King, PLLC.]
Comments