Sexual Harassment in the Workplace is a Form of Sex Discrimination
There are two types of sexual harassment in the workplace – “quid pro quo” sexual harassment and “hostile work environment” sexual harassment.
Quid Pro Quo
- Quid pro quo sexual harassment occurs when an employer, or supervisor, conditions an employment benefit upon the employee’s submission to a sexual advance or favor.
- Alternatively, it might take the form of punishing an employee who rebuffs the supervisor’s sexual advances.
Hostile Work Environment
- Hostile work environment sexual harassment occurs when an employer creates an environment that a reasonable person would consider intimidating, hostile or offensive on the basis of gender.
- It might also take the form of an employer engaging in, tolerating or encouraging conduct that unreasonably interferes with an employee’s ability to do a job based on sex.
Conduct that May Lead to Hostile Work Environment Based on Sex
- sexually explicit postings in the workplace;
- sexually charged comments or jokes, whether verbal or written; or
- physical touchings.
The harassing conduct must be unwelcome, rise above the level of “petty slights or trivial inconveniences” and must be objectively and subjectively offensive. It need not be considered severe or pervasive under precedent. A single act may, under certain circumstances, constitute sexual harassment.
Photo by Leon Israel