Types of Sexual Harassment
There are two common types of sexual harassment that may occur in the workplace: quid pro quo harassment and hostile work environment harassment. Understanding the difference can help employees recognize inappropriate conduct and understand their legal rights.
Quid pro quo harassment means “this for that” and generally occurs when an employment decision is tied to an employee’s submission to or rejection of unwelcome sexual conduct. For example, if a supervisor suggests that an employee must submit to sexual advances to receive a promotion, keep their job, or receive another employment benefit, the conduct may constitute quid pro quo sexual harassment.
Sexual harassment can also create a hostile work environment when unwelcome sexual conduct is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. The specific circumstances of each situation matter when determining whether conduct meets the legal standard for a hostile work environment.
A hostile work environment may affect an employee who is directly subjected to harassment as well as, in some circumstances, an employee who witnesses or is otherwise affected by the conduct. For example, an employee who is repeatedly subjected to sexually inappropriate comments by a supervisor may experience a hostile work environment. Another employee who regularly witnesses serious harassment may also be affected by the unlawful conduct.
Not every inappropriate or offensive interaction automatically constitutes legally actionable sexual harassment. Whether conduct is unlawful depends on factors such as its nature, severity, frequency, and the circumstances in which it occurred. If you are unsure whether your experience may qualify as workplace sexual harassment, a California sexual harassment lawyer can review your situation and explain your potential options.
Retaliation
Employees who report sexual harassment to their employer, human resources department, or a government agency may fear that speaking up will negatively affect their careers. Employers generally cannot retaliate against employees for engaging in legally protected activity, including reporting certain instances of workplace harassment.
Retaliation can take many forms. An employer may terminate, demote, discipline, reduce the employee’s hours, change their schedule, or otherwise take an adverse employment action because the employee reported harassment or participated in an investigation.