Sexual harassment can take many forms, but under California and federal law, it generally falls into two main categories: quid pro quo harassment and hostile work environment harassment. Understanding the difference is essential for recognizing unlawful behavior and knowing your rights.
What Is Quid Pro Quo Sexual Harassment?
Quid pro quo is Latin for “something for something.” In the workplace, it occurs when a supervisor, manager, or person in authority demands sexual favors in exchange for employment benefits or threatens negative consequences if those demands are not met.
Examples include:
- A boss offering a promotion in return for a date or sexual relationship
- A supervisor threatening to fire or demote you if you refuse sexual advances
- Linking pay raises, job assignments, or continued employment to compliance with sexual demands
Quid pro quo harassment often involves a direct abuse of power and is illegal under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
What Is Hostile Work Environment Sexual Harassment?
A hostile work environment occurs when unwanted sexual behavior (verbal, physical, or visual) is so severe or pervasive that it interferes with your ability to do your job. Unlike quid pro quo harassment, this type can be committed by anyone in the workplace, including coworkers, clients, or customers.
Examples include:
- Repeated sexual jokes or comments
- Inappropriate touching or physical contact
- Displaying sexually explicit images at work
- Persistent unwanted flirting or romantic advances
In California, harassment does not have to be “severe or pervasive” to be illegal. Any harassment that goes beyond petty slights or trivial inconveniences may be actionable.
Key Differences Between the Two
Quid Pro Quo Harassment
- Involves an exchange or threat tied to job benefits (e.g., promotion, raise, continued employment)
- Usually committed by someone in a position of authority
- Often a single incident can be enough to take legal action
Hostile Work Environment Harassment
- Involves ongoing offensive conduct that creates an abusive or intimidating workplace atmosphere
- Can be committed by anyone in the workplace, including coworkers, managers, clients, or customers
- Usually requires repeated conduct, though a single severe act may qualify
What to Do If You Experience Sexual Harassment in California
- Document Everything – Keep notes of incidents, dates, times, witnesses, and communications.
- Report the Harassment – Follow your employer’s complaint procedure or contact HR.
- Preserve Evidence – Save texts, emails, or images that support your claim.
- Speak to an Employment Lawyer – An attorney can protect your rights and guide you through the complaint process.
Valiant Law Fights for California Workers
At Valiant Law, we are committed to protecting employees from all forms of sexual harassment. Whether you’ve experienced quid pro quo harassment, a hostile work environment, or both, we will fight to hold your employer accountable and secure the justice you deserve.
Contact us online or call us at 909-254-5771 or for a confidential consultation. Your rights matter - let us help you protect them.