Sexual harassment is a form of gender discrimination or sexual preference discrimination, and it is one of the most common forms of workplace harassment. Sexual harassment is also actionable when it is based on what others perceive an employee’s sexual preference to be. There are two types of sexual harassment: hostile work environment sexual harassment and quid pro quo sexual harassment.
Hostile work environment sexual harassment occurs when an employee is subjected to “severe” or “pervasive” behavior that would cause a reasonable person of that sex to feel humiliated or intimidated such that the terms and conditions of employment are altered. Quid pro quo sexual harassment occurs when an employer or supervisor states or implies that the terms of employment are conditioned on an employee’s submission to a sexual advance or demand.