There are two forms of sexual harassment in schools and workplaces:
- Quid Pro Quo ("This for That"): Employment or educational decisions that are made on the condition that a person accept unwelcome sexual behavior. A quid pro quo harassment behavior is chargeable even if it happens only once.
- Hostile Environment: Pervasive (persistent or all encompassing) sex-related verbal or physical conduct that is unwelcome or offensive and has the purpose or effect of unreasonably interfering with work or school performance. In order for this conduct to be considered sexual harassment, the hostile environment must either be extreme or "sustained and non-trivial."
Sexual harassment is usually intentional, but sometimes people don't realize that they are sexually harassing another person. However, it is NEVER the fault of the victim.
U.S. Supreme Court Decisions
With a hostile environment, the intent of the harasser is not a factor in determining whether or not the sexual harassment has occurred. The impact of the behavior is the critical factor.
A person does not have to demonstrate that he or she was harmed by the harassment, only that the harasser created a hostile environment or committed quid pro quo offenses. Institutions and organizations can be held legally responsible for sexual harassment if they knew, or should have known, that it was occurring and did not take all reasonable measures to remedy and prevent it. Even if the entity did not know (or should not have known) about the harassment, it is liable for damages if the harasser is a supervisor.