LAW 310 Lecture Notes - Lecture 23: Quid Pro Quo, Protected Group, Reasonable Person
Document Summary
Quid pro quo & hostile environment harassment: Quid pro quo harassment: plaintiff must show, she/he belongs to protected group, she/he was subject to unwelcome sexual harassment, harassment was based on sex. Job benefits were conditioned on acceptance of harassment: there is some basis to hold employer liable, classic example of quid pro quo sexual harassment, tomkins v. public service electric & gas co. : Told by male supervisor she should have sex w/ him if she wanted to get a satisfactory evaluation & be recommended for promotion. She refused & was subjected to demotion, negative evaluations, Hostile environment harassment: doesn"t involve conditioning of job status/benefit on employee"s, unwelcome harassment: has effect of interfering w/employee"s work, reasonable person or reasonable victim? response to harassment. Q: would reasonable person find conduct to be offensive & severe enough to create hostile environment or interfere w/ person"s work performance: harris v. forklift systems, inc.
