Hostile Work Environment vs. Quid Pro Quo Sexual Harassment
by
Joseph C. Maya on Feb. 20, 2024
Summary: As an employment law attorney I can get too accustomed to the legal jargon. One question frequently asked by prospective clients is “what is the difference between hostile work environment and quid pro quo sexual harassment?” While both types of employment discrimination are illegal and actionable, they can take very different forms.
Perhaps the most succinct explanation of the two causes of action comes from a four-year old Connecticut Appellate Court case: Quid pro quo sexual harassment, as its name suggests, conditions employment on the return of sexual favors; hostile environment sexual harassment is conduct that “has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
There is a related variant, retaliation for complaining about sexual harassment, that also gives rise to a cause of action but which must be separately pleaded and proven. That is why a victim of sexual harassment or retaliation should consult with an experienced employment law litigator before framing the particular allegations of a lawsuit. At trial, you will be held to the allegations of your Complaint and limited to presenting only evidence in support of your claims. Thus, if you plead quid pro quo, you may not be able to prove hostile work environment, or vice versa.
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