What is the difference between quid pro quo and hostile work environment sexual harassment based on the information provided above? Explain each in detail. Provide an example for each.

Forms of sexual harassment Quid Pro Quo - The harasser requests sexual activity from the employee in exchange for workplace benefits - General Requirements Severe or pervasive conduct by a supervisor (i.e., a sexual demand) Submitting or not submitting to the demand is related to tangible employment action Forms of sexual harassment Hostile Work Environment - Creation of an offensive or intimidating environment - Sexual conduct that has the purpose or effect of unreasonably interfering with performance Hostile Work Environment How does one prove a hostile environment case? - General Requirements (to prove a hostile environment case) - Unwelcome Based on gender - "Equal Opportunity Jerk" - Sufficiently severe or pervasive - A note on "sexual in nature" - "Women shouldn't be doing men's work" - Examples of hostile work environment: dirty jokes, pictures, touching/petting Employer Liability (are employers liable?) Quid pro quo - Liable if the situation did occur - Hostile work environment - Liable if it knew or should have known and did not take measures to prevent or correct - Note: employee bears a degree of responsibility to report if the organization has well established procedures in place When is employer not liable? When company can show that it exercise reasonable care to prevent and promptly correct the sexual harassment The employee failed to take advantage of the corrective opportunities provided by employer