Sexual Harassment
Defense

Types of Sexual Harassment Claims:

There are two types of sexual harassment claims an employee may bring against the employer:

1. Hostile work environment: this occurs when the employee is made to feel uncomfortable by another employee or superior through verbal, written or physical conduct of a sexual nature. The employee must demonstrate that (1) the conduct was unwelcome, (2) it occurred because of his/her sex, and (3) a reasonable person of the same sex would consider it sufficiently severe or pervasive to alter the condition of employment and create an intimidating, hostile or offensive working environment.
2. Quid pro quo: this occurs when an employee’s superior demands sexual favors from the employee in return for granting or withholding job benefits or continued employment. The employee must establish that (1) he/she is a member of a protected class, (2) he/she was subjected to unwanted sexual harassment to which members of the opposite sex were not, (3) harassment complained of was based on sex, and (4) employee’s reaction to the harassment complained of affected tangible aspects of his/her compensation, terms, conditions or privileges of employment. Acceptance or rejection of the harassment by the employee must be an expressed or implied condition to the receipt of a job benefit or the cause of a tangible job detriment.