There are two theories under which an employee can sue for sexual harassment. The first, quid pro quo harassment, occurs when any employer offers a job benefit or threatens a negative job result, in exchange for sexual favors. The offending harasser must be in a supervisory position, and the employer is normally not liable for the actions of the harasser unless it knew or should have known about the harassment.
The second type of sexual harassment is established when the workplace is a hostile work environment, permeated with discriminatory intimidation, gender stereotyping, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of employment.
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