Types Of Sexual Harassment

“What are the many types of sexual harassment,” you could have wondered. Under Title VII of the Civil Rights Act of 1964, sexual harassment is defined as a form of discrimination that is divided into two categories:

• quid pro quo

• hostile work environment

Quid pro quo sexual harassment occurs when a supervisor offers or hints at sexual favors in exchange for career advantages, whereas hostile work environment sexual harassment includes continual sexual assaults, gestures, jokes, or other comments that make it impossible for an employee to work without fear. Male and female victims of sexual harassment can be found in any occupation, with perpetrators not necessarily being of the same gender.

The Equal Employment Opportunity Commission (EEOC) has a broader definition of sexual harassment, in order to protect employees from it. According to the EEO-1 form, sexual harassment occurs when a person is subjected to any unwanted or uninvited sexual advance or conduct that inhibits job performance or creates a hostile, intimidating, or offensive workplace. Employers and employees should be familiar with this definition because the EEOC is the federal body responsible for enforcing sexual harassment claims. To avoid, prevent, or protect oneself against alleged sexual harassment, employers and personnel must be aware of this definition. It’s critical to remember, however, that the EEOC makes its decision on a case-by-case basis.

What Is Quid Pro Quo Sexual Harassment?

In Latin, quid pro quo sexual harassment means “this in exchange for that,” and it’s when a person, usually a supervisor, makes advances or hints at sexual favors as a condition for company perks. Some of the following perks might be:

• Wage increases (raises)
• A larger or newer office or cubicle
• Promotion
• Travel opportunities
• More desirable shifts
• Job retention

This is not to be considered an exhaustive list, and there are certain things a supervisor may promise in return for a quid pro quo situation. There’s no such thing as a male or female version of this example since it can happen between males, females, or anybody else.

Another sort of quid pro quo sexual harassment involves the consequences of declining a supervisor’s advances. This might include:

• Termination
• Threats
• Demotion
• Less desirable work assignments
• Unsatisfactory shifts

Since such actions have unfavorable consequences, the harasser employs their authority to intimidate or force the other party into submission. It’s worth noting that even if an employee initially acquiesces to these demands, they may later change their mind and file a claim or complaint against the errant supervisor.

What Is Hostile Work Environment Sexual Harassment?

Hostile work environment sexual harassment, like quid pro quo sexual harassment, has a few key distinctions. First, the harasser does not have to provide employee perks in exchange for sexual favors. Instead, sexual comments, advances, or other material that creates a hostile, intimidating, threatening, or offensive workplace environment prevents the employee from doing their job.

The perpetrators of hostile work environment sexual harassment aren’t always bosses or supervisors. This might include coworkers and third parties, such as clients, suppliers, customers, and even couriers or delivery personnel. However, hostile work environment victims can be either male or female, and the behaviors may be directed towards someone of the same sex or someone of the opposite gender. This type of harassment might include:

• Incessant or repetitious telling of sexual or dirty anecdotes or jokes
• Images, icons, cartoons, and even dolls or sculptures with a sexual connotation or theme
• Insulting or using derogatory sexual terms toward another person
• Writing emails, memos, or other correspondence that includes sexual innuendos or other material
• Repeated, sexually oriented actions such as touching, rubbing, or groping that are done without the consent of the other person, or equivalent conduct that has been consented to but creates a hostile work environment for others

In certain situations, a person who is not the target of any sexual harassment might have a legitimate claim. If another party submitted or tolerated sexual harassment to obtain employee benefits, for example, the third-party may be prevented from obtaining a promotion or raise.

To be considered a victim of hostile work environment sexual harassment, a plaintiff must satisfy both subjective and objective criteria. This implies that the victim subjectively regarded the behavior as abusive, hostile, or insulting. In order to prove their case, they must also convince a judge that a reasonable person with comparable personality characteristics would find the same conduct disturbing to a safe workplace.