When you think about what sexual harassment is, you may think about the specific behaviors that constitute sexual harassment ā such as unwanted touching, groping or sexual comments. Legally, however, there are two specific categories of sexual harassment — hostile work environment and quid pro quo.
Hostile Work Environment Sexual Harassment
Most people have heard the phrase āhostile work environment.ā However, a hostile work environment is not, as many assume it to be, a workplace where employees feel overworked or micromanaged. Itās not even a place where a boss is constantly yelling or throwing things. Legally, a hostile work environment is a hostility based on an employeeās membership in a protected class, such as their race, gender, sexual orientation or disability. The harassment must be serious and pervasive ā not just an isolated or occasional off-the-cuff remark ā and make it nearly impossible for you to do your job. The following behaviors are examples of conduct that can lead to a hostile work environment:- Unwanted physical contact of any kind
- Verbal comments about a personās appearance or body, even if intended as a compliment
- Derogatory comments or ājokesā that malign a particular sex
- Attachments or links in company emails or instant messages that contain pornographic or sexually offensive material
- Displaying imagery or messages of a sexual nature in the workplace
Quid Pro Quo Sexual Harassment
The second type of sexual harassment is known as āquid pro quo.ā This is a Latin phrase that means āthis for that,ā and implies there is an exchange taking place. Within the context of sexual harassment in the workplace, that exchange is often a career incentive for a sexual favor. Unlike a hostile work environment, quid pro quo is also characterized by a power dynamic that concerns someone who has authority over an employee, to whom the offer is made. Workplace incentives the authority figure may offer in exchange for a sexual favor include the following:- Pay raise
- Promotion
- Placement on a preferred account
- Job security during a round of layoffs
- Protection from termination for otherwise justifiable motives