Business Law Research

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. [EEOC]

Quid pro quo" harassment

"Quid pro" behavior involves express or implied demands for sexual favors in exchange for some benefit (a promotion, a raise, a good grade or recommendation) or to avoid some detriment (termination, demotion, a failing grade, denial of a fellowship) in the workplace or in the classroom. By definition, it can only be perpetrated by someone in a position of power over another. Because the University, as the employer, has given supervisory power to the harasser, one instance of "quid pro quo harassment" is enough to result in liability. This is true even if the University had no knowledge of the behavior.

Quid pro quo harassment may be as undisguised as a direct solicitation ("sleep with me or else..."). It may take the form of more oblique sexual propositions or dating invitations ("discuss your project over a glass of wine at my house,"). The law does not require a showing that the supervisor actually made good on his or her demands or insinuations to impose liability.

Hostile environment harassment

* Sex harassment may also arise from unwanted conduct which is so severe or persistent that it creates an intimidating, hostile, or offensive educational or working environment. Conduct may be physical, verbal or nonverbal. For example, the following types of behavior may constitute harassment: touching; hugging; kissing; sexual remarks about a person's clothing, body or sexual relations; repeated requests for a date; conversations of a sexual nature...