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Arizona Sexual Assault Network
501 (C) 3 nonprofit operating in partnership with the U.S. Department of Justice, Office of Violence Against Women.
1611 E. Warner Rd. Suite 4 Tempe, AZ 85284
Phone: 480-831-1986 Fax: 480-755-6030

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“Reducing the Threat of Sexual Violence”

Sexual Harassment

The U.S. Supreme Court explains there are two basic types of unlawful sexual harassment. The first type involves harassment that results in a tangible employment action. An example would be a supervisor who tells a subordinate that he or she must be sexually cooperative with the supervisor or he or she will be fired, and who then indeed does fire the subordinate for not submitting. The imposition of this crude "put out or get out” bargain is often referred to as quid pro quo ("this for that"). This kind of unlawful sexual harassment can be committed only by someone who can make or effectively influence employment actions (such as firing, demotion, and denial of promotion) that will affect the victimized employee.

A second type of unlawful sexual harassment is referred to as hostile environment. Unlike a quid pro quo, which only a supervisor can impose, a hostile environment can result from the gender-based unwelcome conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee Interacts on the job. Behaviors that contribute to a hostile environment include:

· unfulfilled threats to impose a sexual quid pro quo

· discussing sexual activities

· telling off-color jokes

· unnecessary touching

· commenting on physical attributes

· displaying sexually suggestive pictures

· using demeaning or inappropriate terms, such as "Babe"

· using indecent gestures

· sabotaging the victim’s work

· engaging in hostile physical conduct

· granting job favors to those who participate in consensual sexual activity

· using crude and offensive language

To determine whether behavior is severe or pervasive enough to create a hostile environment, these factors are considered:

· The frequency of the unwelcome discriminatory conduct

· The severity of the conduct

· Whether the conduct was physically threatening or humiliating, or a mere offensive utterance

· Whether the conduct unreasonably interfered with work performance

· The effect on the employee’s psychological well-being

· Whether the harasser was a superior in the organization

References:

Preventing Sexual Harassment A Fact Sheet For Employees