Difference Between Types of Sexual Harassment
A key difference between hostile environment sexual harassment and quid pro quo sexual harassment is that employers are generally automatically liable in quid pro quo cases where the victim actually suffered a loss of an employment benefit. Furthermore, one instance of quid pro quo harassment may support a sexual harassment lawsuit.
In hostile work environment sexual harassment cases, employers may defend the lawsuit by claiming that the victim failed to complain to management thus depriving the employer an opportunity to remedy it. Furthermore, hostile environment sexual harassment cases must be severe or pervasive to support a lawsuit. As such, one isolated instance of non-intrusive sexual comment is insufficient to support a hostile work environment sexual harassment case. Quid pro quo harassment neither has to be severe or pervasive to support a harassment lawsuit.
There are differences in damages recoverable also. For hostile work environment cases, the damages are generally in the nature of emotional distress and mental anguish. Quid pro quo sexual harassment cases typically include elements of emotional distress/mental anguish damages as well as damages for the lost employment benefits that resulted from the rejection of the sexual advance.
In hostile work environment sexual harassment cases, employers may defend the lawsuit by claiming that the victim failed to complain to management thus depriving the employer an opportunity to remedy it. Furthermore, hostile environment sexual harassment cases must be severe or pervasive to support a lawsuit. As such, one isolated instance of non-intrusive sexual comment is insufficient to support a hostile work environment sexual harassment case. Quid pro quo harassment neither has to be severe or pervasive to support a harassment lawsuit.
There are differences in damages recoverable also. For hostile work environment cases, the damages are generally in the nature of emotional distress and mental anguish. Quid pro quo sexual harassment cases typically include elements of emotional distress/mental anguish damages as well as damages for the lost employment benefits that resulted from the rejection of the sexual advance.