Company Liability: Sexual Harassment and Improper Rewards

sexual favoritism falls under the Hostile Environment category of federal law governing workplace harassment and discrimination.

sexual favoritism it is not a federal law per se (although some states declare it as such), but rather an aspect of Quid Pro Quo or Hostile Environment worth exploring.

This type of harassment occurs when employees who submit to the sexual demands of a manager or supervisor are rewarded by that manager or supervisor. However, it is important to note that the aggrieved party(ies) is not the one(s) who filed, but rather those who did not and are denied the benefits of filing.

In other words, employees who are denied raises or promotions can allege that they were penalized for sexual attention directed at favored co-workers.

How has the court ruled in these cases?

• Isolated acts and uncoerced submission to sexual demands have not been recognized by the courts as sexual harassment.
• The employer may be held liable for unlawful sex discrimination against others who were qualified but denied that opportunity or benefit of employment.
• Supervisors can also be held liable.

short case

Astra AB, a Swedish company, admitted that it allowed a hostile work environment, including requests for sexual favors in exchange for favorable treatment, for women at its US headquarters in Westboro, Massachusetts.

Awards: $9,850,000 in money damages

For more information on other types of sexual harassmentread about Quid Pro Quo or sexual harassment by non-employees.

Protect your business from this type of harassment. Make sure your employees are well-trained in harassment and discrimination prevention and awareness.