Seattle Sexual Harassment Attorney

Washington’s law against discrimination makes it an illegal practice to sexually harass a worker.

While sexual harassment can take many forms, each form of sexual harassment falls into one of two categories:

1. Hostile Work Environment,
2. Quid Pro Quo Sexual Harassment,

In what follows, I will discuss both categories of sexual harassment and provide examples of each. Also note, however, that sexual harassment is a subset of harassment. For more information on Washington’s harassment laws generally, see my harassment guide.

Hostile Work Environment

Hostile work environment is the most common form of sexual harassment in Washington. When unwelcome conduct is so severe or so persistent that it interferes with a worker’s ability to do their job, then the conduct has created a hostile work environment.

To prove hostile work environment, a worker must show that she was:

1. subjected to unwelcome sexual conduct, comments, or advances,
2. that the conduct was so severe or pervasive that it altered her conditions of employment, and
3. that the employer knew or should have known, and failed to take prompt corrective action.

Unwelcome

First, the worker must show that the conduct was unwelcome, and that she did not incite the behavior. I know that sounds absurd, but that’s our law.

There are numerous ways of showing that language or conduct was unwelcome, but the best way is to simply write a formal complaint when it happens. Your company likely has procedures for such complaints, which you should follow.

Severe or pervasive

Next, the worker must show that the conduct was either severe or pervasive. Severe means the conduct was something extreme, like threatening or touching. Pervasive means  it happened persistently over a period of time.

Knew or should have known

Finally, the worker must show why the employer is responsible.

If the harasser is a manager, the employer is automatically liable. Managers are those people that have the authority to change employees’ hours, wages, or working conditions.

However, if the harasser is a low level employee, like a co-worker, the employer is only liable if it knew or should have known about the harassment and failed to take corrective action.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment is the other category of sexual harassment. Although not as common as hostile work environment, quid pro quo sexual harassment still happens. And if it happens to you, contact a harassment attorney at once.

“Quid pro quo” is a latin term meaning “something for something.” Quid pro quo sexual harassment exists when a supervisor seeks sexual favors from a worker in exchange for a job benefit (or absence of a job detriment).¹

For example, a supervisor that requests a sexual favor from a worker in order for the worker to receive a favorable performance review would be committing quid pro quo sexual harassment. Alternatively, a supervisor that requests a sexual favor in exchange for not firing or demoting a worker would also be committing quid pro quo sexual harassment.

To establish a case of quid pro quo sexual harassment, the worker must show the following two elements:

1. Supervisor subjected the worker to unwelcome sexual conduct or advances, and
2.  Supervisor expressly or implicitly promised or threatened a change in the worker’s status or working conditions in exchange for submitting to the sexual conduct or advance.