Sexual harassment can take many forms in the workplace, but two of the most recognized under the law are quid pro quo harassment and hostile work environment harassment. Understanding these two categories' differences can help you recognize when your rights may be violated and take action to protect yourself.
What Is Quid Pro Quo Sexual Harassment?
"Quid pro quo" is a Latin phrase meaning "this for that." In the workplace, it refers to situations where a supervisor, manager, or someone with authority demands sexual favors in exchange for a job benefit—or threatens negative job action if the request is refused.
Common examples include:
- A manager offering a promotion or raise in exchange for a date or sexual relationship.
- A supervisor threatening to fire, demote, or reduce hours unless sexual demands are met.
Quid pro quo harassment is illegal under federal, New York State, and New York City laws, regardless of whether the employee gives in to the demand. Even a single incident can be enough to bring a valid claim.
What Is a Hostile Work Environment?
A hostile work environment occurs when unwelcome sexual conduct—verbal, physical, or visual—is so severe or pervasive that it alters the conditions of employment and creates an intimidating, offensive, or abusive atmosphere. Unlike quid pro quo, hostile work environment harassment can be committed by supervisors, coworkers, or non-employees like customers or vendors.
Examples include:
- Repeated sexual jokes, comments, or propositions.
- Displaying sexually explicit images in the workplace.
- Unwanted touching or physical advances.
Under New York City and New York State law, the standard for proving a hostile work environment is lower than under federal law—you do not have to show that the conduct was "severe or pervasive." Any unwelcome sexual conduct that subjects you to inferior terms, conditions, or privileges of employment can be unlawful.
Why the Distinction Matters
While both forms of harassment are illegal, the distinction can affect how your case is analyzed, the type of evidence that may be most important, and how liability is determined.
For example, quid pro quo harassment almost always involves someone in a position of authority, making the employer directly liable. Hostile work environment claims may require showing that the employer knew or should have known about the conduct and failed to stop it—unless a supervisor is involved, in which case liability may still be automatic.
Taking Action
If you believe you are facing quid pro quo or hostile work environment harassment, it is important to document incidents, preserve evidence, and seek legal guidance as soon as possible.
Phillips & Associates, PLLC has extensive experience representing employees throughout New York City and the surrounding areas in sexual harassment claims. Our attorneys can evaluate your situation, explain your options, and help you pursue justice under the law. Contact our team to see how we can help you get started on your case.