What are the two types of sexual harassment recognized by courts?

The recognition of two specific types of sexual harassment by courts is rooted in established legal precedent and guidelines, particularly under Title VII of the Civil Rights Act of 1964. The two recognized forms are indeed hostile work environment and quid pro quo.

In a hostile work environment scenario, the harassment occurs when an employee experiences unwelcome conduct of a sexual nature that creates an intimidating, hostile, or abusive working atmosphere. This can include inappropriate comments, jokes, or even visual displays that interfere with the employee’s ability to work effectively.

Quid pro quo harassment involves a situation where job benefits or opportunities are directly linked to the acceptance or rejection of sexual advances. This means that an employee may be offered promotions, raises, or other employment perks in exchange for sexual favors or, conversely, threatened with adverse employment actions if such advances are refused.

Both forms of harassment are considered illegal and can lead to significant consequences for employers who do not take proper measures to prevent or address such behavior in the workplace. Understanding the distinction between these types of harassment is crucial for recognizing and addressing incidents of sexual harassment effectively.