What Constitutes Sexual Harassment?
A. This question confuses most people. The source of the confusion probably starts with the very term “sexual harassment.” The problem is that the term implies that sexual harassment is just that — “sexual” in nature. The truth of the mater, however, is that gender based harassment does not need to be “sexual” in nature to be a violation of the employment discrimination laws. Likewise, just because harassment is “sexual” in nature does not mean that it is a violation of the employment discrimination laws. There are two types of sexual harassment. One has been called “quid pro quo” or “tangible employment action” sexual harassment. The other is known as hostile work environment or offensive work environment sexual harassment. They are very different in nature. Quid pro quo or tangible employment action harassment is where an employee suffers a personnel action (such as firing, demotion, pay cut, failure to get a promotion, etc.) because they refused to give in to the gender-based advan
