| Read Time: 3 minutes | Sexual Harassment
quid pro quo vs hostile work environment

Most modern employees know that sexual harassment in the workplace is illegal and unacceptable. Unfortunately, that still doesn’t stop certain individuals from violating the boundaries and rights of those around them.

To protect yourself and your rights, you must know how to recognize when behavior crosses the line from inappropriate to illegal. 

This blog post will explain what employees should know about the two primary forms of workplace sexual harassment. We will cover what makes inappropriate workplace behavior illegal, discuss quid pro quo vs hostile work environment harassment, and give some examples of what they look like.

Defining Workplace Sexual Harassment 

Legally, sexual harassment in the workplace is considered a type of employment discrimination. Unwanted sexual conduct or sex-based mistreatment can violate an employee’s right to equal opportunities when it interferes with their job performance and the work environment. 

Under federal law, sexual harassment includes many different forms of abuse targeted based on sex, gender, or gender identity. Harassment can be:

  • Verbal—sexually explicit jokes, derogatory terms, comments about someone’s appearance or sex life, sexually suggestive messages;
  • Visual—repeated staring at someone’s body, displaying explicit photos or pornography, exposing oneself; and
  • Physical—unwanted touching, kissing, hugging, groping, as well as physical assault. 

Historically, women have been the primary victims of workplace sexual harassment. However, anyone of any gender can experience this illegal mistreatment. Additionally, anyone in the working environment can be the source of abuse. Sexual harassment is unlawful whether it comes from a boss, coworker, client, third-party vendor, customer, or manager.

Types of Sexual Harassment in the Workplace

Any incident of unwanted sexual behavior can make you feel objectified and violated. However, to take legal action, the misconduct must fall into one of the two legally recognized types of sexual harassment: quid pro quo sexual harassment vs. hostile work environment harassment.

“Quid pro quo” is a Latin phrase that means “this for that.” It refers to situations when a person performs a favor in exchange for a benefit from someone else. Quid pro quo harassment happens when someone in a position of power “offers” a professional benefit in exchange for sexual conduct.

This kind of harassment doesn’t always have to involve an explicit request. It can also happen when a superior suggests that you can receive benefits in exchange for sexual favors. Even a single incident of quid pro quo harassment can be legal grounds for a sexual harassment claim. 

Hostile work environment harassment happens when someone’s behavior creates such an offensive, intimidating atmosphere that it interferes with your ability to work. Unlike quid pro quo harassment, this requires repeated incidents of inappropriate behavior.

Harassment must be frequent and seriously disrupting. Isolated or trivial situations alone aren’t enough to qualify as a hostile work environment.

Quid Pro Quo Sexual Harassment vs. Hostile Work Environment: Examples

Let’s walk through some examples of what these types of harassment look like in practice. 

You could be the victim of quid pro quo harassment if:

  • A manager says you can have a promotion if you perform sexual favors;
  • A supervisor suggests flirting could get you a raise;
  • Your boss threatens to fire you unless you consent to a sex act;
  • A condition for getting your bonus is going on a date with a manager; and
  • Your boss implies your hours will be cut if you report an unwanted advance.

By contrast, hostile work environment harassment could involve:

  • Someone hanging pornographic images at their desk;
  • Lewd, sexualized comments about your appearance or personal life;
  • A manager telling inappropriate jokes or using slurs during meetings;
  • A customer repeatedly asking you on dates;
  • Group discussions of sexually explicit stories that make you uncomfortable;
  • Someone persistently crossing your physical boundaries or blocking your way;
  • A boss giving unwelcome hugs that lead to inappropriate contact; and
  • Unwanted emails or text messages with sexual overtones from a colleague.

None of these behaviors are appropriate for a work setting. Employees also don’t have to wait for the work environment to become hostile to get help. If you feel uncomfortable, talk to a trusted superior or HR. Employers have a legal duty to address and correct harassment in the workplace. If they don’t, you may be able to hold them legally accountable for failing to protect your rights.

Proudly Defending the Rights of Arizona Employees

Do you have additional questions about quid pro quo vs hostile work environment harassment in your case? Concerned about an employer’s response to your harassment complaint?

Are you afraid of backlash for speaking out about inappropriate treatment? Shields Petitti & Zoldan, PLC is here to support you.

Our team of employment attorneys are seasoned, compassionate advocates for Arizonans facing abuse and misconduct in the workplace. With over 50 years of combined experience, our attorneys have earned a reputation for tireless client service and a deep understanding of state and federal employment law. Contact our office today to learn more about how we can serve you. 

Author Photo

Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.

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