Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

There are two categories of sexual harassment:  “Quid Pro Quo” or Economic Harassment and “Hostile Work Environment” or Environmental Harassment.  An example of what might be considered Quid Pro Quo Harassment:  Mr. Manager says to Ms. Technician, “How about I take you to a nice dinner so we can discuss your annual review and how much of a raise you are going to get?”  He uses a soft gentle tone in his voice.  An example of what might be considered Hostile Work Environment Harassment:  Judy, an African American executive assistant, brings her male boss a cup of coffee, saying she left out the cream and sugar.  The boss responds, “that’s Okay. I like it hot and black,” and winks at Judy.  He uses a teasing tone in his voice.  She winks back and laughs.

When responding to sexual harassment:  (1)  Suspend Judgment: Do not express an opinion regarding the complaint, and make no employment decisions without checking with human resources or conducting an investigation first;  Prohibit Retaliation: Assure the complainant of the organization’s commitment to resolve the complaint without retaliating on the individual through changes in the person’s work.  Note to research a famous US Supreme Court case on retaliation that was decided in late 2006.