"Quid pro quo" and "hostile work environment." That's how a court determines if you've been sexually harassed. While this may make sense to lawyers and judges, this may not make sense to most people who don't practice law for a living.
Instead, you may be aware that certain behavior is okay in the workplace while other behavior clearly crosses the line. Sexual harassment is determined on a case-by-case basis, though you should know that there are some signs that you're being sexually harassed at work.
The first type of sexual harassment, quid pro quo harassment, literally mean this-for-that harassment. This is when a manager or supervisor trades job favors in exchange for sex. So if you only get the promotion or raise if you sleep with the boss, this is illegal quid pro quo harassment. Other examples can include keeping your job only in exchange for sexual favors, being punished for not having sex, and being demoted or otherwise disciplined.
Quid pro quo harassment is relatively easy to spot. Either a boss asked you for sex in exchange for a job favor or didn't. On the other hand, a hostile work environment is much more difficult to determine. It is also much more common.
A hostile work environment means having to suffer through demeaning or sexual comments, photographs, jokes, or threats at work. To qualify as illegal conduct, the behavior must be so pervasive as to create an intimidating and offensive work environment.
This means that receiving only a single degrading email or image at work may not be enough to qualify as illegal sexual harassment. Usually, the conduct must last for some time. So, if you sit next to a couple overgrown frat boys who talk about sexual conquests all day, every day, this likely qualifies as a hostile work environment. But if you only walk by a passing comment, this likely would not be.
Still in some cases, courts have found that particularly offensive conduct, only if done in a single instance, like hanging a noose over a cubicle wall, can qualify as a hostile work environment.
Whether offensive conduct actually is illegal is a complex determination left for lawyers to argue over. The point is that if you spot any of these signs you're sexually harassed at work, you should complain and put a stop to the behavior, even if not illegal. It will be good for you, and in the long run, good for your company.
Related Resources:
- Find a Chicago Employment Attorney (FindLaw)
- Employee Rights: Sexual Harassment (FindLaw)
- Top 4 Myths About Sexual Harassment (FindLaw's Chicago Employment Law Blog)
- Ask A Question about Employment Law now (FindLaw Answers)
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