Quid Pro Quo and Hostile Work Environment Sexual Harassment

There’s a thin line between being a good sport about office jokes and being a victim of sexual harassment. However, most employees fail to see the difference and are forced to endure working in a sexually hostile work environment just to “get along” and keep their job.

But employees have the right to be protected against sexual harassment. Under the Civil Rights Act of 1964 and other state laws that prohibit sex discrimination like California’s Fair Employment and Housing Act, it is illegal to sexually harass an employee or applicant on the basis of his or her gender.

So how exactly is sexual harassment defined? Does flirting with or asking an attractive employee out on a date constitute sexual harassment? Do jokes of a sexual nature, especially if you’re the butt of such; mean you’re being sexually harassed?

The US Equal Employment Opportunity Commission (EEOC) defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, verbal or physical harassment of a sexual nature, as well as offensive remarks about a person’s gender. To better understand what sexual harassment is, here are the two types of unlawful sexual harassment as defined by the US Supreme Court.

Quid Pro Quo – Quid pro quo, which means this for that, an individual’s employment is adversely affected (hiring, giving of salary and benefits, promotions) unless said employee is sexually cooperative or gives in to the employer or supervisor’s demands for sexual gratification. This is also present if the employee is fired or retaliated on because the requests for sexual favors were denied or reported. Quid pro quo is basically sexual coercion or bribery as it promises an employee benefits or continued employment in exchange for sex.

Under the law, it is still considered as unlawful even if the employee submitted to the employer’s requests for sexual favors in order avoid adverse employment action or receive benefits.

Hostile Work Environment – Unlike quid pro quo, a hostile work environment can result not only from the actions of the employer but also from the conduct of the employee’s managers, co-workers, and even clients. This may consist of the following unwelcome or offensive behavior:

• Comments of a sexual nature
• Unwelcome physical contact or touching
• Offensive sexual materials (pornographic pictures)
• Use of demeaning or inappropriate words or jokes
• Various benefits are given to employees who accept sexual favors

Take note however, that for all of these actions to create a hostile work environment, these must be severe and pervasive. Isolated incidents of offhand jokes or teasing do not count as sexual harassment – the unwelcome or offensive behavior must be frequent and so severe as to unreasonably interfere with the employee’s job performance because of the hostile work environment.

If you want to know more about sexual harassment and find out if you have cause to complain, talk to an employment attorney. California has one of the most pro-employee labor laws in the US so you should seek the services of a Los Angeles sexual harassment lawyer if you experienced any of the actions enumerated above.