The Recognized Forms of Sexual Harassment
Quid Pro Quo Harassment
Literally translated, quid pro quo means "this
for that.” Quid pro quo harassment happens when an employee is
placed in a position wherein a choice must be made between
submitting to sexual advances or losing a tangible job benefit.
One of the essential qualifiers of quid pro quo
harassment is the harasser's power to control the employee's
employment benefits. This kind of harassment most often occurs
between supervisor and employee.
are several criteria that a claim of quid pro quo harassment
harassment was based on sex.
claimant was subjected to unwelcome sexual advances.
tangible economic benefit of the job was conditional on the
claimant's submission to the unwelcome sexual advances.
In quid pro quo cases, the harassment consists of
unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature. The request may
be implied or actual. Again, the advances must be
unwelcome, meaning that the person did not invite or solicit the
advances. Be mindful, however, that acquiescence or even
voluntary participation in sexual activity does not mean that
the advances were not unwelcome. One factor to consider is
whether the person indicated that the advances were unwelcome
Hostile Work Environment Harassment
When the harassment is unwelcome conduct that is
so severe or pervasive as to change the conditions of the
claimant's employment and create an intimidating, hostile, or
offensive work environment, then it is considered an act of
hostile work environment.
work environment, however, can be distinguished from quid pro
work environment does not involve a tangible impact on an
employee’s economic benefit.
work environment is not restricted to actions of a supervisor
but includes the actions of coworkers or third parties as well.
work environment can be constituted by actions other than sex or
work environment can exist even though the actions were not
specifically directed at the claimant but nonetheless impact his
or her ability to perform the job for which he or she was hired.
work environment usually involves a progression of several actions
over a period of time but can be constituted by a single
In order for hostile work environment to be
established or declared, three criteria must be met:
act or behavior must be unwelcome.
act or behavior has to be severe, pervasive, and perceived by
the claimant as so hostile or offensive as to alter his or her
conditions of employment.
act of behavior was such that a “reasonable” person would find
it hostile or offensive.