The Equal Employment Opportunity Commission (EEOC) classifies sexual harassment claims as ‘quid pro quo’ and ‘hostile work environment’. It is important for employees to understand the finer aspects of the two categories.

According to sexual harassment lawyers, quid pro quo which means ‘something for something’ occurs when a person in authority such as a manager or supervisor directly offers or hints at favoring an employee with a promotion or raise in salary in return for meeting a sexual demand.

Quid pro quo also occurs when a person in authority indicates that he or she will not terminate or take other action against an employee in exchange for sexual favors. Apart from employees, job applicants could also be subject to quid pro quo harassment where they could be accepted or rejected based on their response to sexual advances. This website applies to them too: http://employment-law.usattorneys.com/. Sexual harassment lawyers are available for them too!

Quid Pro Quo Harassment Claims

It is mandatory for the plaintiff in a quid pro quo harassment lawsuit to be able to prove several elements to a jury. According to sexual harassment attorneys, this includes proof of being employed or having applied for a job with the employer (the defendant). They must also prove that the alleged harasser made unwanted sexual advances or innuendos of a sexual nature towards the plaintiff.

To make a claim, the plaintiff must also prove that the defendant insinuated that job benefits would be extended in return for sexual favors and that any employment decision was based on the plaintiff’s acceptance or rejection of the defendant’s sexual advances.

The plaintiff must also have grounds to prove the defendant’s conduct was a major contribution to causing the plaintiff harm. According to sexual harassment attorneys, courts usually look for factors such as the plaintiff’s termination or being passed over for a promotion. However, lawyers stress the fact that employees can still file a quid pro quo harassment claim if they have submitted to the employer’s requests for sexual favors. Claims must be filed with the EEOC within 180 days.

 

Hostile Work Environment

Hostile work environment is the other type of harassment that can be perpetrated by any employee in the workplace, which includes peers, subordinates, supervisors, customers, and even a contractor. It occurs when the alleged harasser’s behavior or speech creates an intimidating and humiliating environment that affects the victim’s performance at work.

Such situations are difficult to recognize since alleged harassers may pass veiled sexual comments or exhibit demeaning behavior not based on sex. Conduct such as inappropriate touching, jokes of a sexual nature, and requests for dates are among the common examples that could create a hostile work environment.

Totally Unprofessional Behavior

It is important for employees to understand that anyone could be affected by offensive conduct where the victim may not necessarily be the person being harassed. No matter what the circumstances, there are legal remedies available to plaintiffs. This includes compensatory damages for loss of wages and benefits, emotional distress, and reinstatement of their position at work if they have been terminated or suspended. In some cases punitive damages are also awarded if the defendant’s behavior is found to be particularly harmful.

This is where a sexual harassment lawyer steps into the picture. You can find one right here; it is easy as making a post on Facebook.