Sexual harassment in the workplace is a significant issue, and understanding the legal nuances of different types of harassment is crucial. Two primary forms of sexual harassment recognized by law are quid pro quo and hostile work environment. Both involve unwelcome sexual conduct, but they differ in their dynamics and legal implications.
Read on to get the facts and contact PLBH at (800) 435-7542 if you require a free legal consultation with an employment law attorney.
Quid Pro Quo Sexual Harassment Explained
Quid pro quo, meaning “this for that” in Latin, involves a direct exchange of sexual favors for workplace benefits. This form of harassment typically occurs between a supervisor and a subordinate, where the supervisor uses their authority to demand sexual favors in exchange for professional advancements or benefits. These benefits can include promotions, raises, preferred assignments, or even continued employment.
Characteristics of Quid Pro Quo Harassment
- Involves an authority figure and a subordinate
- Exchange of sexual favors for workplace benefits
- Can be explicit or implied
- Includes a range of sexual demands, not limited to intercourse
It’s important to note that for conduct to qualify as quid pro quo harassment, the sexual advances must be unwelcome. Consensual interactions do not constitute harassment under this definition.
Hostile Work Environment: What Constitutes It?
A hostile work environment occurs when unwelcome sexual behavior creates an abusive, offensive, or intimidating atmosphere at work. This form of harassment doesn’t necessarily involve a direct exchange of favors but rather focuses on the overall environment created by such behavior.
Criteria for a Hostile Work Environment
- Behavior must be objectively and subjectively offensive
- Can be severe or pervasive
- Includes a range of conduct from jokes to physical assault
- Can be created by anyone in the workplace, including coworkers and customers
Factors like frequency, severity, and impact on the victim’s work performance are considered to determine whether the conduct constitutes a hostile work environment.
Legal Options and Employer Liability
If you’ve experienced either type of sexual harassment, you have legal recourse. Depending on the circumstances, your employer may be held liable. For instance, if the harassment leads to a tangible employment action (like demotion or termination), or if the employer fails to address a reported hostile environment, they can be held responsible.
When to Hold an Employer Liable
- Employer directly involved in harassment
- Supervisor’s harassment leads to tangible employment action
- Employer fails to address a reported hostile environment effectively
Understanding the Commonality of Sexual Harassment
Data from the U.S. Equal Employment Opportunity Commission (EEOC) indicates that a significant percentage of workplace harassment charges allege sexual harassment. However, many cases go unreported, suggesting a larger prevalence than official statistics show.
Navigating Sexual Harassment Claims
If you’re facing sexual harassment, it’s crucial to understand your rights and the nuances of the law. Whether it’s quid pro quo or a hostile work environment, knowing how these terms are legally defined can help you navigate your situation more effectively.
Steps to Take
- Document the harassment
- Report the incident to your employer or HR department
- Consider legal action with the assistance of a skilled attorney
If you’re dealing with sexual harassment in the workplace, don’t hesitate to reach out for legal assistance. Contact PLBH at (800) 435-7542 for guidance and representation in addressing these challenging situations.