"Quid Pro Quo" & the Hostile Environment - Two Types of Workplace Sexual Harassment

Feel you've been sexually harassed at work? Each day, men and women in the workforce face both obvious and subtle forms of sexual harassment by the opposite sex as well as the same sex. For many, the complaint of sexual harassment is often not report to the employer simply out of a lack of familiarity of what is truly considered a sexual harassment concern and whether an employer would need to be advised.

As a general rule, there are two types of sexual harassment; those that involve a consideration, also known as "quid pro quo" (something for something), and those sexually harassing acts that are simply classified as falling into a "hostile environment". The common thread among these two classifications of sexual harassment in the workplace, involves the legal requirement that the act of harassment must be unwelcome.

In a "quid pro quo" sexual harassment event, commonly, the person who performs the act of sexual harassment will be one who is in a position of power, i.e. a supervisor, manager or even a teacher. The victim is usually an individual who feels he or she must perform or respond to a sexual advance in or to gain something in return. It is important to note, here, that the act of sexual advance must be outside of the requirements of the job and it is not necessary for the victim to respond or act upon the request for the sexual harassment offense under "quid pro quo" to apply.

Under "hostile environment", the victim must show a general pattern of conduct by the offender. In many cases, this is the type of sexual harassment that is often under reported as many victims do not prepare well for the documentation of the harassing events. To be classified as sexual harassment, there must be a pattern established and this pattern must lead to deterioration in the work or education setting of the victim. It is important to note, here, that the victim of the "hostile environment" sexual harassment does not, necessarily, have to be an individual who is directly involved. That is to say, if a "bystander", so to speak, is offended the repeated harassment among other individuals, he or she may pursue sexual harassment allegations.