Sexual harassment is a form of sex-based employment discrimination, and it against the law. There are two basic types of workplace sexual harassment: quid pro quo harassment and hostile work environment harassment. Both can be damaging to not only the victim’s career but also to their physical and emotional well-being. 

“Quid pro quo” is a phrase borrowed from Latin that means “something for something.” In the context of sexual harassment, it refers to a worker being offered benefits—including continued employment—in exchange for sex-related favors. A manager who promises a raise to a worker if the worker agrees to go on a date with him is probably guilty of quid pro quo harassment. Quid pro quo harassment is often fairly overt and easy to recognize, but this is not always the case with the other type of sexual harassment.

A Hostile Work Environment Can Develop Quietly

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There has never been a greater emphasis on sexual harassment in the workplace than in recent years. After allegations of severe sexual harassment and sexual assault were brought against film producer Harvey Weinstein, more and more victims of sexual harassment started coming forward with their own stories. Accusations of inappropriate sexual behavior and harassment have also been leveled against former NBC News host Matt Lauer, leading to his termination.

If you feel that you are sexually harassed at work, do not hesitate to take action. One of the most important steps you can take is to collect all the instances of sexual harassment in a sexual harassment log.

The Importance of Recording Instances of Harassment

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In the last blog entry, we discussed hostile work environment sexual harassment. In this entry, we will look at the second type of sexual harassment in the workplace, quid pro quo harassment. The Latin phrase “quid pro quo” roughly translates to "something for something." When an employer or supervisor offers work benefits in exchange for sexual favors, he or she is guilty of quid pro quo harassment.

Examples of Quid Pro Quo

Although this type of sexual harassment happens less frequently than hostile work environment harassment, it can be just as demeaning, unprofessional, and abusive. There are several ways that quid pro quo harassment can take place. A manager may approach a subordinate employee and ask him or her out on a date. If the employee denies the manager, the manager could imply that the employee will lose his or her job if they do not comply. Another instance of quid pro quo harassment occurs when a person in authority either directly states or even just implies that he or she will give his or her subordinate special work privileges in exchange for sexual acts or affection. Even someone not yet an employee who is only interviewing for a position can be a victim of quid pro quo sexual harassment. If an employer suggests or says that a job candidate must tolerate sexual behavior in order to receive the job, that employer is guilty of sexual harassment.

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According to Title VII of the Civil Rights Act of 1964, sexual harassment is technically a type of employment discrimination. Harassment, as defined by the law, includes unwanted contact or conversation which is based on a person’s religion, ethnicity, nationality, gender, age, or disability. Although it has been increasingly reported in the news, workplace sexual harassment is still largely misunderstood. There are two types of workplace sexual harassment: hostile work environment and quid pro quo harassment. In this blog post, we will discuss hostile work environment sexual harassment, behavior that can be considered sexual harassment, and what to do if you are being harassed at work.

Behavior Must Meet Certain Requirements to Legally Be Considered Harassment

The term “harassment” often gets misused. For example, a co-worker who is constantly talking to others about his favorite TV show while they are trying to get their work done may be annoying, but he or she is probably not guilty of harassment. In order to meet the legal definition of sexual harassment, the following conditions must be present:

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In recent months, sexual harassment and other types of sexual misconduct have taken center stage in the American public’s consciousness. A number of high-profile Hollywood personalities, comedians, politicians, and other figures have been accused of sexual harassment, sexual assault, and more. Even Philadelphia icon Bill Cosby was recently found guilty of three counts of aggravated indecent assault by a Montgomery County jury.

Sexual harassment, however, is not limited to celebrities. In fact, it is probably taking place at a bar or restaurant near you—possibly even your own workplace.

A Dangerous Profession

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Federal investigators are combing regions of eastern Pennsylvania for pieces of an airplane this week, following an explosive, mid-air engine failure that left one passenger dead and many others shaken. Officials from the National Transportation Safety Board said that debris and engine components fell from the sky along the plane’s flight path as it headed for an emergency landing in Philadelphia on Tuesday. They are asking for the general public’s help in locating all of the pieces so that a full investigation into the fatal accident can be completed.

A Deadly Incident

The failure took place shortly after takeoff on a Southwest Airlines flight headed from New York’s LaGuardia Airport to Dallas Love Field. The aircraft had just passed 32,500 feet and was still climbing over the Allentown area of Pennsylvania when officials say that a fan blade in the left engine broke loose. The broken blade caused a violent chain reaction which sent parts and debris flying. One piece of shrapnel shattered a window overlooking the wing, and the woman in the closest seat was violently sucked into the hole. Other passengers pulled the woman back into the plane, but her injuries proved to be fatal. She died at a Philadelphia-area hospital later the same day.

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When a person files a lawsuit in the wake of a car accident, slip-and-fall, or other personal injury matter, they hope to recover enough in the way of damages to address the losses they have suffered. These losses generally include expenses related to physical injuries, as well as lost wages, property damage, and more. What many victims do not realize, however, is that their compensation may be reduced, as it is fairly common for an injured party to share in the liability for the accident. The legal doctrine under which a personal injury can be reduced for this reason is called “comparative negligence.”

Contributory Negligence vs. Comparative Negligence

One of the first questions in any personal injury matter is “Who was at fault for the accident?” Under the principles of common law, historically, if the injured party played any part in causing the accident, he or she was barred from seeking compensation from anyone else. The thought process was that a person has the duty to reasonably protect themselves from injury, so failing in that duty was seen as grounds to bar recovery.

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In 1984, federal lawmakers passed the National Minimum Drinking Age Act, which required every state to establish age 21 as the legal drinking age. Technically, the law did not force states to make such a change, but it did “encourage” compliance by promising to reduce federal highway funds for states that did not do so. In 2000, Congress acted again, this time establishing a nationwide legal blood-alcohol content (BAC) limit of 0.08—and again, promising to withhold federal funds from states that refused to comply. While political experts and others have continued to debate the constitutionality and appropriateness of such federal measures, both of these were passed with the same stated goal: reducing the number of deaths and injuries caused by drunk drivers on American roadways.

A Successful Venture

While it took several years, all 50 United States and the District of Columbia eventually adopted the lower BAC standard of 0.08. Pennsylvania was among the last few states to do so, passing Act 24 in September of 2003—just hours before the federal deadline for compliance. Despite the reluctance in certain areas of the country, the new requirements began to have a noticeable effect on roadway safety. Federal safety reports show that in 1999, nearly 16,000 American motorists lost their lives in alcohol-related accidents. By 2015, nationwide fatalities had fallen to around 10,000 per year.

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