EMPLOYMENT DISCRIMINATION

There are two types of sexual harassment from which an employee is protected in an employment situation under Title VII of the Civil Rights Act of 1964.

The first type of sexual harassment is called quid pro quo harassment. Quid pro quo is Latin for "something given or received for something else". Quid pro quo sexual harassment in the employment circumstance means the employee was coerced into submitting to a supervisor's improper sexual conduct as a condition for the employee receiving a job benefit or avoiding a job detriment. A common example of this is when a manager/supervisor makes sexual advances on a subordinate and threatens retaliation if he or she is rebuffed.

The second type of sexual harassment is referred to as a hostile work environment. This arises when the employee is subjected to an unbearable work environment because of his or her sex. An example of this is a manager/supervisor making frequent sexual innuendos directed to an employee. A hostile work environment can also occur when a co-worker sexually harasses an employee, the harassed employee reports this to their manager/supervisor who does not take appropriate action. In order for an employee to prevail on a claim for hostile work environment, he or she must provide evidence that the conduct was so severe or pervasive that a reasonable person in his or her position would find the work environment to be hostile or abusive.

As in most situations, it is important to complain in writing to management or human resources so the employer has the opportunity to correct the problem.