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Sexual Harassment

Hostile environment sexual harassment

This occurs when and employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of work environment. Simply one such incident may not be categorized as hostile environment sexual harassment unless it involves extremely outrageous and egregious conduct. It is up to the court to decide whether the matter is both serious and frequent. Managers, superiors, co-workers or even customers can be responsible for creating hostile work environment.

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There is a very thin line between quid pro quo and hostile environment sexual environment. "Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct.

The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge. At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply.

Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred."